1 itxa6435-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.6435 OF 2010 Commissioner of Income Tax - 12, Mumbai ..Appellant. Versus M/s.Drashti Impex ..Respondent. Ms.Padma Divakar for the appellant. Mr.Subhash S. Shetty for the respondent. CORAM : J.P. Devadhar & Smt.R.S. Dalvi, JJ. DATE : 5th April, 2011. P.C. : 1. This appeal is filed by the Revenue against the order of the Income Tax Appellate Tribunal dated 31-03-2010 passed in ITA No. 3081/Mum/2006 relating to assessment year 2003-2004. Perusal of the order of the Tribunal shows that the Tribunal has remanded the matter back to the file of the Assessing Officer for reconsidering the issues in the light of the Special Bench decision in the case of Topman Exports reported in 318 ITR 87 (AT). 2. The Special Bench decision in the case of Topman Exports (supra) has been over-ruled by this Court in the case of Commissioner of 2 itxa6435-10 Income Tax V/s. Kalpataru Colours & Chemicals reported in 328 ITR 451. 3. Since the Tribunal has restored the matter to the file of the Assessing Officer, we are not inclined to entertain this appeal. However, the Assessing Officer while giving effect to the order of the Tribunal shall take into consideration the judgment of this Court in the case of Kalpataru Colours & Chemicals (supra). 4. The appeal is accordingly disposed off. No costs. (Smt.R.S. Dalvi, J.) (J.P. Devadhar, J.)