1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.48 OF 2009 The Commissioner of Income Tax-4 ..Appellant -versus M/s Beethovan Traders Pvt.Ltd .. Respondents Mr.Vimal Gupta, for the appellant Mr Ratnavani i/b Roy's Law firm for respondent. CORAM: F.I.REBELLO & R.S.MOHITE, JJ. DATED: 18th February,2009 P.C. 1. Revenue is in appeal on the following questions of law. “Whether on the facts and in the circumstances of the case and in law and in view of the decision of Hon'ble Supreme Court in the case of CIT I Ahmedabad vs Gold Coin Health Food Pvt.ltd. Reported in (2008) 308, 152-SC, it the decision of the Hon. Tribunal is correct in setting aside the penalty of Rs.8,70,197/-.? 2. CIT(A) on merits held in favour of the assessee. Revenue agreed to prefer an appeal before ITAT. The learned ITAT, relying on the decision of Supreme Court in Virtual Soft Systems Ltd vs CIT (2007) 289 ITR 83 (SC), dismissed the appeal without going into the merits of the matter. 2 3. Revenue is now in appeal against the said order of ITAT. In the meantime the judgment in Virtual Soft Systems Ltd (supra) is reconsidered by the Hon'ble Supreme Cort in CIT Ahmedabad vs Gold Coin Health Food P.Ltd (2008) 304 ITR 308. Once that be a case the order of ITAT is set aside and the matter is remanded back to ITAT for deciding the questions before it on merits. Appeal disposed of accordingly. (R.S.MOHITE, J) (F.I.REBELLO, J)