1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION I.T.X.A.NO. 2216/2009 The Commissioner of Income Tax-2 Appellant Vs. M/s Hindustan Pencils Ltd. Respondent Mr.Suresh Kumar for the Appellant Mr.Dastur ,Sr.Counsel a/w Mr.P.J.Pardiwala ,Sr.Counsel and Mr.A.K.Jasani for the respondent CORAM- J.P.DEVADHAR ,AND MRS.MRIDULA BHATKAR,JJ. DATE -21ST FEBRUARY,2011 P.C. . This appeal is filed against the order of I.T.A.T.dated 22/8/2008 . By the said order the I.T.A.T. has restored the issue to the file of the Assessing Officer with direction to follow the decision of the Tribunal for Assessment Year 2002-03 and 2003-04 . Since the Tribunal has remanded the matter back to the file of the Assessing Officer and the appeal filed by the revenue against the decision of the ITAT for Assessment Year 2002-03 and 2003-04 has already been dismissed by this Court we see no reason to interfere with the order of the I.T.A.T.. The appeal is dismissed accordingly with no order as to costs. (Mrs.Mridula Bhatkar,J.) (J.P.Devadhar,J.)