1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2085 OF 2009 WITH INCOME TAX APPEAL NO.2203 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Patel KNR (JV) ..Respondent. Ms. Suchitra Kamble for appellant. Mr. Percy J. Pardiwalla, senior Advocate with Madhur Agarwal and Rajesh Poojari i/b.Mint & Confrers for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 25TH FEBRUARY, 2010 P.C. :- 1. Admit. 2. It is common ground between counsel for the Revenue and the Assessee that the facts relating to the present two appeals are similar to Income Tax Appeal Nos.2197 of 2009 and 2082 of 2009 which have been disposed of today. For the reasons already indicated therein, the common order dated 17th February, 2009 of the Tribunal in above two appeals, is set aside and the proceedings are remanded back to the Tribunal for fresh determination. No view on merits is expressed on the questions of law formulated by the Revenue in the above appeals. Both the appeals are disposed of accordingly. There shall be no order as to costs. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)