-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 5 OF 2006 M/s Synergy Impex ).. Appellant Versus Income Tax Officer, Ward 18(2)(2) and another ).. Respondents Mr K Gopal for the Appellant. Mr P S Sahadevan for the Respondent. CORAM: SWATANTER KUMAR, C. J.& A. P. DESHPANDE, J. DATED: 17TH SEPTEMBER 2008. P.C. The learned Counsel appearing for the Respondent Department states that the order of the Tribunal should be set aside and the matter be remanded to the Assessing Officer. Obviously, to this statement of the learned Counsel for the Respondent, the learned Counsel appearing for the Appellant has no objection and prays that the order be passed accordingly. According to the learned Counsel appearing for the parties, no question of law arises. However, on a concession given by the learned Counsel appearing for the Respondent Department, the order of the Tribunal dated 29th July 2005 is set aside. -2- The matter is remanded as prayed. 2. Appeal disposed of accordingly. No order as to costs. CHIEF JUSTICE A. P. DESHPANDE, J.