1 itxa4170-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4170 OF 2010 The Commissioner of Income Tax-10 ..Appellant. V/s. M/s. Grentex & Co. Pvt. Ltd. ..Respondent. Mr. J.S. Saluja for appellant. Mr. Mihir Naniwadekar for respondent. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ. DATED : 15TH FEBRUARY, 2011 P.C. :- 1. In the present case, the Tribunal has remanded the matter back to the file of the assessing officer to decide the question in the light of the decision in the case of Topman Exports V/s. Income Tax Officer reported in [2009] 318 ITR (AT) (Mumbai) [SB] and the decision of the Apex Court in the case of CIT V/s. K. Ravindranathan Nair reported in (2007) 295 ITR 228 (SC). Since the Tribunal has remanded the matter back to the assessing officer, we are not inclined to entertain this appeal. However, since the Special Bench decision in the case of Topman Exports (supra) has been reversed by this Court in the case of CIT V/s. 2 itxa4170-10 Kalpataru Colours and Chemicals reported in [2010] 328 ITR 451 (Bom), we direct the assessing officer to taken into consideration the aforesaid decision while giving effect to the order of the ITAT. Accordingly, the appeal is disposed off with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)