IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.2289 OF 2009 The Commissioner of Income Tax - II, Pune ..Appellant. Vs. M/s. Sai Enterprises, ..Respondent. ..... Mr. Vimal Gupta for the Appellant. Mr. S.N. Inamdar for the Respondent. .... CORAM: DR. D.Y. CHANDRACHUD, & J.P.DEVADHAR, JJ. 4th January, 2010. P.C. : By consent the impugned judgment and order of the Income Tax Appellate Tribunal dated 30th July, 2008 in ITA 785/PN/2004 pertaining to the Assessment Year 2000-01 is set aside. The aforesaid appeal is restored to the file of the Tribunal for a fresh decision on merits. The appeal is accordingly disposed of. (DR.D.Y.CHANDRACHUD, J.) (J.P.DEVADHAR, J.)