Commissioner Of Income Tax 6 v. Kansai Nerolac Paints Ltd.

bsb 1 11.ITXA1733.13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1733 OF 2013 Commissioner of Income Tax 6, Mumbai ... Appellant v/s Kansai Nerolac Paints Ltd., Mumbai ... Respondent Mr.Arvind Pinto for the appellant.

Ms.A. Vassanji i/by S.P. Mehta & Co. for the respondent. CORAM: M.S. SANKLECHA & N.M. JAMDAR, JJ.

DATED : 14TH JULY, 2015 P.C.:

This appeal by the revenue challenges the order dated 24 January 2013 passed by the Income Tax Appellate Tribunal (the Tribunal) relating to Assessment Year 2002-03. The impugned order follows the decision of this Court in Godrej Boyce Mfg. Co. Ltd. v/s D.C.I.T., reported in 328 ITR 81 and directed the Assessing Officer to quantify and disallow expenses under Section 14A OF THE Income Tax Act, 1961 by adopting a reasonable method. The grievance of the revenue to the impugned order seems to be that the decision of this Court in Godrej Boyce Mfg. Company (supra) has not been accepted by the revenue. This can hardly be a

bsb 2 11.ITXA1733.13.doc reason for the authorities in the State not to follow decisions of this Court. All authorities within the State are bound by the orders of this Court, till the Apex Court takes a different view or the order of this Court is stayed pending final disposal. Accordingly, no substantial question of law arises for our consideration. Appeal dismissed. No order as to costs.

( N. M. JAMDAR, J. ) ( M.S. SANKLECHA, J.)