2013 (10) TMI 383

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....dated 30.11.2009. 2. Opening the arguments for and on behalf of the assessee, it was submitted by the ld. Authorized Representative (AR), its counsel, that the only issue in the assessee's appeal (in ITA No.9132/Mum/2010) relates to the disallowance of interest attributable to a loan to a subsidiary company, incurred and claimed in the sum of Rs.24.08 lacs for the relevant year. This has been a subsisting issue in the assessee's case, with the Tribunal, for the earlier years, restoring the matter back to the file of the Assessing Officer (A.O.) for an examination of the facts and a decision in accordance with law, relying on the decision in the case of S. A. Builders Ltd. vs. CIT [2007] 288 ITR 1 (SC). For the same, she would take us to pa....

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....-07, the matter has been set aside to the file of the A.O. to be decided afresh in terms of the decision by the hon'ble jurisdictional High Court in the case of Godrej and Boyce Manufacturing Co. Ltd. vs. Dy. CIT [2010] 328 ITR 81 (Bom). She would then take us to the relevant part of the said orders, being para 11 (in ITA No.4134/Mum/2009 for A.Y. 2005-06 dated 13.07.2011/PB pgs.43-55) and para 2 (in ITA No.3457/Mum/2010 for A.Y. 2006-07 dated 18.11.2011/PB pgs.56-66). A similar treatment for the current year was also sought, with the ld. DR being unable to rebut or controvert the said statement of the case by the ld. AR in any manner. 5. In view of the consistent stand by the tribunal; the matter being even otherwise required to be decide....