1 ita 158-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 158 OF 2010 M/s.Mahindra and Mahindra Limited ...Appellant vs. ITO 6(3)(3), Mumbai ...Respondent Mr.Sanjiv M. Shah for the Appellant. Mr.Suresh Kumar for the Respondent. CORAM : J.P. DEVADHAR AND MRIDULA BHATKAR, JJ. DATED : DECEMBER 1, 2010 P.C. :- 1 The learned Counsel for the parties state that the questions raised in this appeal are covered by the decision of this Court in the case of Godrej and Boyce Mfg.Co.Ltd. vs. Deputy Commissioner of Income-Tax and another, reported in (2010) 328 ITR 81 (Bom). 2 ita 158-2010 2 In this view of the matter, the impugned order passed by the Income Tax Appellate Tribunal dated 7th August, 2009 in ITA No.3976/M/08 relating to Assessment Year 2004-2005 is quashed and set aside and the matter is restored to the file of Assessing Officer for passing an order afresh in accordance with law. 2 All contentions of both the parties are kept open. 3 Appeal is disposed of. (MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)