1 itxa942-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.942 OF 2010 The Commissioner of Income Tax – 2, Mumbai ..Appellant. Versus M/s. Tata Industries Limited, Mumbai ..Respondent. Mr.Vimal Gupta for the appellant. Mr.Ajit Shah for the respondent. CORAM : J.P. Devadhar & R.M. Savant, JJ. DATE : 14th December, 2010. P.C. : 1. The learned counsel for the parties state that since the legislature by Finance Act No.2 of 1999 has amended Section 115JA of the Income Tax Act, 1961 with retrospective effect from 1st April 1998, the decision of the Tribunal be quashed and set aside and the matter be restored to the file of the Tribunal for deciding the question afresh in accordance with law. 2. Accordingly, the impugned order dated 10th January 2008 passed by the Tribunal in Income Tax Appeal No.469/M/05 relating to Assessment Year 1998-1999 is quashed and set aside and the matter is restored to the file of the Tribunal for decision afresh and in accordance with law. 3. The appeal is disposed off accordingly with no order as to costs. (R.M. Savant, J.) (J.P. Devadhar, J.)