bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1777 OF 2009 M/s.C.H.Java and Co. ..Appellant Vs. The Assistant CIT ..Respondent Mr.Niraj Punmiya for appellant. None for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 16th NOVEMBER, 2009 P.C. 1. Heard. Perused appeal. 2. The very same issue was involved in the A.Ys.2002-03 and 2004-05, wherein the Tribunal has dealt with the said issue in favour of the assessee. Under these circumstances, both parties agree that the impugned order be set aside and the matter be remanded back to the Tribunal for consideration afresh in the light of the orders passed for the A.Ys.2002-03 and 2004-05. In this view of the matter, the matter is remanded back to the Tribunal for consideration afresh in accordance with. All contentions on merits are kept open. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)