1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2082 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. KNR Patel (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. The order passed by the Tribunal in the present case is common for assessment years 2003-04 and 2004-05. For the reasons already indicated while setting aside the order of the Tribunal in the case of the same assessee for assessment year 2003-04 (Income Tax Appeal No. 2197 of 2009) and remanding the proceedings back to the Tribunal, we dispose of this appeal inn the same terms. There shall be no order as to costs. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)