1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.155 OF 2010 The Commissioner of Income Tax – 8, Mumbai ..Petitioner. Versus The Income Tax Appellate Tribunal, Mumbai & Another ..Respondents. Mr.Suresh Kumar for the petitioner. None for the respondents. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 22nd January, 2010. P.C. : 1. Not on board. Mentioned. On the request of the learned counsel appearing on behalf of the revenue the petition has been taken on board and has been called out since the same question has been raised, as in Writ Petition No.140 of 2010. 2. By an order passed today, this Court had dismissed a petition filed by the revenue in order to challenge an order of the Income Tax Appellate Tribunal on an application under section 254(2) of the Income Tax Act, 1961, recalling a common order dated 7th April 2005 pertaining to assessment years 1997-98, 1998-99 and 1999-2000. The present petition relates to assessment year 1998-99. 3. For the reasons already indicated while dismissing companion writ petition No.140 of 2010, this petition shall stand dismissed in the same terms. There shall be no order as to costs. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)