1 itxal-1946-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L0D) NO.1946 OF 2010 The Commissioner of Income Tax-19 ..Appellant. V/s. M/s. Jyoti Steel Industries ..Respondent. Mr. D.K. Kamwal for appellant. None for respondent. CORAM : J.P. DEVADHAR AND SMT. R.P.SONDURBALDOTA JJ. DATED : 14TH JUNE, 2011 P.C. :- 1. Heard learned counsel for the appellant. None present for the respondent, though served. 2. This appeal is filed by the revenue against the decision of the ITAT dated 13/4/2010 wherein the Tribunal has remanded back the matter to the file of the assessing officer for passing fresh order in the light of the Special Bench decision of the ITAT in M/s. Topman Exports & Ors [2009] 318 ITR(AT) 87 (Mum) (SB). Since the Tribunal has restored 2 itxal-1946-10 the matter to the file of the assessing officer, we are not inclined to entertain this appeal. However, the Special Bench decision of the ITAT in the case of Topman Exports has been reversed by this Court in the case of CIT V/s. Kalpataru Colours and Chemicals reported in [2010] 328 ITR 451 (Bom). In this view of the matter, we direct the assessing officer that while reconsidering the issue afresh to take into consideration the decision of this Court in the case of Kalpataru Colours & Chemicals (supra). 2. The appeal is disposed off accordingly with no order as to costs. (SMT. R.P.SONDURBALDOTA, J.) (J.P. DEVADHAR, J.)