1 itxa3719-09 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3719 OF 2009 Commissioner of Income Tax - 6, Mumbai ..Appellant. Versus M/s.Magnasound (India) Limited ..Respondent. Mr.Suresh Kumar for the appellant. Mr.S.A. Bhagwat for Official Liquidator present. CORAM : J.P. Devadhar & Smt.R.P. Sondurbaldota, JJ. DATE : 1st July, 2011. P.C. : 1. In the present case, the Tribunal has restored the issue to the file of the Assessing Officer to pass appropriate orders in accordance with the order passed by the Commissioner of Income Tax (Appeals) for A.Y. 1998-99. Though it is contended by the Revenue that the order of CIT (A) for AY 1998-99 has been quashed and remanded to the file of CIT (A) for fresh decision, the fact remains that consistently in the past the claim of the assessee has been allowed. In any event, the AO is bound to pass order on the basis of the order of CIT (A), which is holding the field. 2. In this view of the matter, we see no reason to interfere with the order of the Tribunal. The appeal is accordingly dismissed with no order as to costs. (Smt.R.P. Sondurbaldota, J.) (J.P. Devadhar, J.)