MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2966 of 1991 Parekh Marketing Ltd. ..Petitioner Vs. Shri O.P. Jain & Ors. ..Respondents Mr.Prakash Shah with Mr. Sunit Ragani i/b. P.D.S. Legal for the Petitioner. Mr. B.M. Chatterji with Mrs. P.P. Bhosale and Mr. P.S. Sahadevan, for Respondents. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S. MOHITE, JJ. R.S. MOHITE, JJ. R.S. MOHITE, JJ. DATED: 29TH JANUARY 2008 DATED: 29TH JANUARY 2008 DATED: 29TH JANUARY 2008 P.C. P.C. P.C. . The Assessee had approached this Court against the order of the Tribunal passed in the Appeal as also the order passed in the Miscellaneous Application for the Assessment Year 1985-86. It is not necessary for us to set out the facts in detail, as Counsel for the petitioner has drawn our attention that for the subsequent Assessment Years 1987-88 and earlier payment charges at the rate of 24% is allowed by the Tribunal. 2. Considering the above the impugned order is set aside. The matter is remanded back to the Tribunal for de novo trial according to law. Rule made absolute. There shall be no order as to costs. 3. The Tribunal also to consider the orders passed in respect of the previous assessment years as also subsequent assessment years. Considering the nature of the controversy the Tribunal to decide the Appeal at any rate not later than four months from the date of receipt of the copy of this order. (R.S.MOHITE, J.) (R.S.MOHITE, J.) (R.S.MOHITE, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)