The Commissioner Of Income Tax v. In This Appeal By The Revenue For The Assessment Year 2004

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.315 OF 2013 The Commissioner of Income Tax..Appellant.V/s.M/s. IPCA Laboratories Ltd...Respondent. Mr. Vimal Gupta, Sr. Advocate with Padma Divakar, for the Appellant.Mr. F. V. Irani with Mr. A. K. Jasani, for the Respondent. P.C:- CORAM: J.P.DEVADHAR & M.S.SANKLECHA,JJ.DATE : 12[th] MARCH, 2013. In this Appeal by the Revenue for the Assessment Year 2004- 05, following question has been raised for our consideration:- Whether on the facts and in the circumstance of the case and in law, the Tribunal was right in directing the Assessing Officer to work out the deduction in accordance with the principles laid down by the High Court in the case of M/s. Associated Capsules Pvt. Ltd. v/s. DCIT & Another, reported in 332 ITR 42 as the said decision has not been accepted by the Appellate Revenue in principle? 2By the impugned order, the Tribunal has restored the issue to the Assessing Officer to work out the deduction in the light of the decision S.R.JOSHI1 of 2 of this Court in the matter of M/s. Associated Capsules Pvt. Ltd. v/s. DCIT& Another, reported in 332 ITR 42. 3In these circumstances, we see no reason to entertain the proposed question of law. 4Accordingly, appeal is dismissed with no order as to costs. (M.S.SANKLECHA,J.) (J.P.DEVADHAR,J.)