1 itxa4044.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 4044 OF 2010 The Commissioner of Income Tax-7 ...Appellant. Vs. M/s Shree Ram Mills Ltd. ..Respondent. Mr. Suresh Kumar for the Appellant. Mr. K. Shivram with Rahul Hatani i/by Ajay R. Singh for the Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 8TH JULY, 2011. P.C. 1 This appeal is filed by the revenue against the order of ITAT dated 10th September, 2009, whereby the ITAT has set aside the order of CIT(A) and restored the matter to the file of Assessing Officer with direction to decide the matter afresh by applying the principles laid down by the Special Bench in the case of Atmaram Properties Pvt.Ltd. Vs. Jt. CIT, reported in 102 TTJ 345. Since the Tribunal has remanded back the matter to the Assessing Officer for fresh decision, we do not want to entertain this appeal, especially when there is no challenge to the aforesaid Special Bench decision of the Tribunal. Accordingly, the appeal is dismissed. ( A.A. SAYED, J. ) ( J.P. DEVADHAR , J.)