Union Bank Of India, Mumbai v. The Commissioner Of Income-Tax, Appeals Ii, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4165 OF 2009 Union Bank of India, Mumbai ..Appellant. Versus The Commissioner of Income-tax, Appeals II, Mumbai..Respondent. Ms.Usha Shrivastav i/by Consulta Juris for the appellant.Ms.Padma Divakar for the respondent. CORAM : J.P. Devadhar & Smt.R.S. Dalvi, JJ. P.C. : DATE : 28[th] March, 2011. 1.This appeal is filed against the order of the Income Tax Appellate Tribunal remanding the matter to the file of the Assessing Officer regarding applicability of Section 14A of the Income Tax Act, 1961 in the light of the Special Bench decision in the case of M/s.Daga Capital Management Pvt. Ltd reported in 26 SOT 603 (Mum). 2.Since the Tribunal has remanded the matter to the file of the assessing officer for denovo consideration, we are not inclined to entertain this appeal. However, the assessing officer, while giving effect to the order of the Tribunal shall take into consideration the decision of this Court in the case of Godrej Boyce Co. V/s. DCIT reported in 328 ITR 81. 3.The appeal is accordingly disposed off. No costs. (Smt.R.S. Dalvi, J.) (J.P. Devadhar, J.)