|The Tax Publishers2020 TaxPub(DT) 5031 (Karn-HC)
INCOME TAX ACT, 1961
Since contentions raised by Revenue while passing impugned order were not fairly opposed by asseseee, there was no need to deal with substantial questions of law framed.
Appeal (High Court) - Substantial question of law - Disallowance under section 14A -
Revenue filed appeal against the order of Tribunal remitting the matter to the AO to reconsider in accordance with the guidelines laid down by the Bombay High Court in the case of M/s. Godrej & Boyce Manufacturing Co. Ltd. [(2010) 328 ITR 81 (Bom): 2010 TaxPub(DT) 2182 (Bom-HC)] for making disallowance under section 14A. Held: Revenue has raised a singular contention that the Tribunal while passing the impugned order has directed the AO to decide the issue in view of the law laid down by the Bombay High Court in the case of M/s. Godrej & Boyce Manufacturing Co. Ltd. (2010) 328 ITR 81 (Bom) : 2010 TaxPub(DT) 2182 (Bom-HC) and there are several other judgments on the issue, which have been remitted for consideration before the AO and the order of the Tribunal be modified and AO be directed to decide the issue remitted to him as per the extant position of law. The aforesaid submission had not been fairly opposed by the assessee. Thus, for the aforementioned reasons, it was not necessary to deal with the substantial questions of law framed.
Followed:M/s. Godrej & Boyce Manufacturing Co. Ltd. (2010) 328 ITR 81 (Bom) : 2010 TaxPub(DT) 2182 (Bom-HC).
FAVOUR : Against the assessee
A.Y. : 2007-08
IN THE KARNATAKA HIGH COURT
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