[ASN] IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1266 OF 2008 Omprakash Bagadia. ..Appellant. Vs. The Dy. Commissioner of Income tax. ..Respondent. Mr. S.G.Dalal for the Appellant. Mr. P.S.Sahadevan with Ms. Padma Divekar for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 30th January, 2009. PC : 1. Considering the submissions, in our opinion, issue needs to be referred back to the Assessing Officer for reconsidering the issue, considering the balance-sheet shown to us. In the light of that, the impugned order is set aside and the matter is restored to the file of the Assessing Officer. The Assessing Officer after hearing the parties to pass fresh order. Appeal disposed off. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)