IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LDG.) NO. 1958 OF 2009 WITH INCOME TAX APPEAL (LDG.)NO. 1959 OF 2009 WITH INCOME TAX APPEAL (LDG.)NO. 1960 OF 2009 The Commissioner of Income-tax-, ... Appellant. V/s. M/s.Sholapur Organics Pvt.Ltd. ... Respondent. B.M.Chatterjee with Ms.Padma Divakar for the appellant. A.K.Jasani for the respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 27th August 2009. P.C. : Heard learned counsel for the parties. Perused appeals. Office objections are over-ruled. Appeals are taken up for hearing by consent of parties. 2. These appeals are admitted on the following substantial question of law: Whether on the facts and in the circumstances of the case, the ITAT was justified in allowing the appeal without restoring the issue to the assessing officer to pass fresh assessment order after examining the additional evidence in the form of supplementary agreement filed before the ITAT? 3. Both parties agree that the impugned order be set aside by consent of parties without recording reasons in support thereof and the proceedings be remanded back to the assessing officer to pass fresh assessment order after examining the additional evidence in the form of supplementary agreement filed before the I.T.A.T. All rival contentions in this behalf are kept open. The assessing officer is directed to consider the aforementioned additional evidence and pass fresh assessment order as early as possible, at any rate, within four months from the date of receipt of copy of this order. 4. Appeal is disposed of in terms of this order with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA J.)