1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INXCOME TAX APPEAL NO. 397 OF 2005 Walchand & Company Pvt. Ltd........Appellant versus The Dy. Commissioner of Income Tax Central Circle -22 )........ Respondant. Mr. M. Subramanium a/w. V.S. Hadade for the appellant Mr. Vimal Gupta i/b P.S. Sahadevan for respondent. CORAM: SWATANTER KUMAR, C.J., & A.P. DESHPANDE, J. DATED: 15th SEPTEMBER, 2008. P.C.: 1. We have heard the learned counsel for the respective parties. The present appeal is directed against the order of the Tribunal dated 28th September 2004. The contention raised on behalf of the appellant is that the controversy in the present case was squarely covered by the judgment of this Court in 1979 ITR Vol.119 page 359 and the Tribunal has erred in law in relying upon the judgment of the Bombay High Court. The fact that the matter has been remanded to the assessing officer, resultantly keeping all the questions open inclusive of the question of assessment, and that the matter is governed by the judgment of 2 the Bombay High Court is not in dispute. With this observation, nothing survives in this appeal and the same stands disposed of. CHIEF JUSTICE A.P. DESHPANDE, J.