:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.797 OF 2008 TAX APPEAL NO.797 OF 2008 TAX APPEAL NO.797 OF 2008 The Commissioner of Income Tax, ..Appellant Vs. Ajay Mathur of Mumbai ..Respondent Mrs.Anuradha Mane for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 29TH SEPTEMBER, 2008 : 29TH SEPTEMBER, 2008 : 29TH SEPTEMBER, 2008 P.C. P.C. P.C. . Heard the learned Counsel for the Appellant. In the above, the Appellant is seeking to raise the following substantial question of law: Whether on the facts and in the circumstances of the case, the Hon’ble Tribunal was right and justified in law to allow the Appeal of the Assessee disregarding the fact that the assessee has failed to discharge his burden fully in the matter of addition of Rs.1.69 crores and Rs.34 lacs? 2. After perusal of the order dated 25th January,2001 passed by the Hon’ble Income Tax Appellate Tribunal, especially the paragraph Nos.26 and 27, it is clear that the Tribunal has remanded the matter back to the Assessing Officer to pass a fresh Assessment Order on the basis of revised return filed on 31st December,1991 as well as the return filed on 5th December,1992, after affording an opportunity of hearing to the Assessee. In view thereof, we do not find any substantial question of law involved in the above. Hence, the Appeal stands dismissed. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) :2: