AGK 1 itxal1139-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.1139 OF 2010 The Commissioner of Income Tax – 12, Mumbai ..Appellant. Versus M/s.Drashti Impex, Mumbai – 400 001 ..Respondent. Ms.Padma Divakar for the appellant. Mr.Subhash Shetty for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 6 August 2010. P.C. : 1. Two questions of law have been formulated by the Revenue in this appeal, arising out of an order dated 18 November 2009 for assessment year 2004-2005. 2. As regards the first question, the learned Counsel appearing on behalf of the Revenue and the Counsel for the assessee are agreed in stating that in view of the judgment of this Court in Commissioner of Income Tax AGK 2 itxal1139-10 V/s. Kalpataru Colours and Chemicals (Income Tax Appeal (L) No.2887 of 2009) decided on 29 June 2010, the Assessing Officer may be directed on remand to pass fresh orders after having due regard to the aforesaid decision of this Court. 3. As regards the second question, the Tribunal having remanded the proceedings back to the Assessing Officer, interference of this Court is not warranted. On remand, the Assessing Officer shall determine the issue in accordance with law, having inter alia due regard to the judgment of this Court in Commissioner of Income Tax V/s. M/s.Dresser Rand India Private Limited (Income Tax Appeal No.2186 of 2009) decided on 8 April 2010. 4. The appeal is accordingly disposed of. There shall be no order as to costs. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)