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Godrej & Boyce Mfg.Co.Ltd. Mumbai vs Dy. Commissioner Of Income Tax on 12 August, 2010

10. At the time of hearing the ld. Counsel for the assessee submits that that the Tribunal on the issue of disallowance u/s 14A has set aside the same to the file of the A.O. He further submits that against the said order the assessee has filed an appeal before the Hon'ble jurisdictional High Court and the Hon'ble jurisdictional High Court in Income Tax Appeal No. 1824 of 2009 order dtd. 16-11-2010 has restored the matter to the file of the A.O. to decide the same in accordance with law laid down in the case of Godrej Boyce Mfg. Co. Ltd. Vs. Dy. CIT (2010) 328 ITR 81 (Bom). He further submits that pursuant to the order of the Hon'ble jurisdictional High Court, the A.O. has passed an order giving effect to the order of the Hon'ble jurisdictional High Court wherein the A.O. held that 5% of dividend income as reasonable disallowance towards expenses incurred to earn dividend income and copy of the said order is appearing at page 75 of the assessee's paper book. He further submits that against the said order passed by the A.O., the assessee is not in appeal and, therefore, the grounds raised by the assessee and Revenue become infructuous which was not objected to by the ld. D.R. in respect of the grounds raised by the assessee as well as in Revenue's appeal.
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