IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1121 OF 2004 The Commissioner of Income Tax-20, Mumbai. ... Appellant Vs M/s. Choudhary Garments .. Respondent Mr. A.S. Rao for the appellant. Mr. A.K. Jasani for the respondent. CORAM: SWATANTER KUMAR, C.J., & A.P. DESHPANDE , J. DATE : 7TH JULY , 2008 P.C.: Having heard the learned counsel appearing for the parties and perusing the question of law suggested in the present appeal at page 7 of the paperbook, while preferring an appeal against the order of the Income Tax Appellate Tribunal dated 13th May, 2004, we may notice that the Tribunal has restored the matter to the file of the Assessing Officer to examine the aspect of issue and pass necessary orders in accordance with law. Thus, the Tribunal has not answered any question of law but both on facts and law, the matter has been referred to the Assessing Officer for determination in accordance with law. In these circumstances, we see no reason to entertain this appeal at this stage without prejudice to the rights and contentions of the parties, Appeal is dismissed with no order as to costs. CHIEF JUSTICE A.P. DESHPANDE, J.