1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1661 OF 2009 IN INCOME TAX APPEAL (L) NO.404 OF 2009 The Commissioner of Income Tax, Central-II, Mumbai ..Appellant. Versus M/s.Monika Gems, Surat ..Respondent. Mr.P.S. Sahadevan for the appellant. Mr. A.K. Jasani for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 16th JUNE, 2009 P.C. : 1. Heard parties. For the reasons stated in the affidavit in support of the notice of motion, delay in filing the appeal is condoned. The notice of motion is made absolute with no order as to costs. 2. Registry is directed to register the appeal. All office objections are waived. The appeal is taken up for final hearing by consent of both the parties. 3. Both parties agree that for the reasons recorded in the order dated 12-1-2009 passed in group of appeals, lead case being Income Tax Appeal No.1242 of 2008, the impugned order be set aside and the appeal be allowed and remanded back to the assessing officer for fresh consideration of the issues as indicated in the said order. The Appeal is accordingly stands disposed of in terms of that order with no order as to costs. (J.P. Devadhar, J.) (V.C. Daga, J.)