1 IT APPEAL NO.685-10 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.685 OF 2010 M/s. Aditya Birla Nuvo Limited ..Appellant Vs. The Assistant Commissioner of Income-tax Central Circle-1 ..Respondent WITH WRIT PETITION NO.1894 OF 2010 M/s. Aditya Birla Nuvo Limited ..Petitioner Vs. The Income Tax Appellate Tribunal & Ors. ..Respondent Mr. J.D. Mistry Senior Advocate with Mr. A.K. Jasani for the Appellant / Petitioner Mr. P. S. Sahadevan for the Respondent CORAM : V C DAGA AND R M SAVANT, JJ. DATE : 20th September, 2010 P.C. Perused Appeal along with Writ Petition. Heard learned Counsel for the Revenue and the Learned Counsel appearing for the Respondent in the Appeal as well as Writ Petition. 2 Having heard both the above matters for some time, Mr. Sahadevan the Learned Counsel for the Revenue stated that the impugned orders in the Appeal as well as Writ Petition may be set aside without examining the merits and demerits of the impugned order and action and dispensing with the reasons in support of this order. The joint submission is that appeal as well as Writ Petition be allowed and the matters may be remitted back to the Tribunal for afresh consideration, leaving all contentions open. 2 IT APPEAL NO.685-10 3 In this view of the joint prayer made, the impugned orders in the Appeal as well as Writ Petition are set aside by consent of parties dispensing with reasons in support of our order. The proceedings are remitted back to the Tribunal for consideration afresh with expeditious despatch. No order as to costs. All contentions are kept open. [R.M.SAVANT, J] [V C DAGA, J]