bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.514 OF 2005 TAX APPEAL NO.514 OF 2005 TAX APPEAL NO.514 OF 2005 Mudra Electronics Ltd. ..Appellant Vs. Dy.Commissioner of Income Tax ..Respondent Mr.Nishant Thakker i/b.Mint & Conferers for the Appellant. Mr.Sureshkumar for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 16TH DECEMBER, 2008 : 16TH DECEMBER, 2008 : 16TH DECEMBER, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. By the present Appeal, the Appellant is seeking to raise the following substantial questions of law: i. Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the addition of Rs.10,65,610/- being expenses under the head salaries, retrenchment compensation, and manufacturing overheads etc.? ii. Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the addition of Rs.73,762/- being outstanding salaries payable to one of the Directors? 2. After hearing the parties for some time, both the parties are agreeable for setting aside the order dated 20th December, 2004 passed by the Income Tax Appellate Tribunal, without examining the merits and de-merits of the matter. The learned Counsel for both the parties state, that no reasons need to be recorded. :2: 3. In view thereof, we set aside the order dated 20th December, 2004 passed by the Income Tax Appellate Tribunal, only to the extent of the aforesaid two substantial questions of law and remand back the matter to the Income Tax Appellate Tribunal. The Tribunal may consider on what basis 50% disallowance was granted, and at the same time, the Revenue is at liberty to file Cross Appeal in the above. Appeal stands disposed of accordingly. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)