1 itxa6458-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.6458 OF 2010 The Commissioner of Income Tax-2, Mumbai ..Appellant. V/s. Union of Bank of India ..Respondent. Mr. Suresh Kumar for the appellant. Mr. P.P. Tipnis i/b. Consulta Juris for the respondent. CORAM : J.P. DEVADHAR AND A.R. JOSHI, JJ. DATED : 29TH NOVEMBER, 2011 P.C. :- Counsel for the parties state that in view of the subsequent decision of the Special Bench of the Ahmedabad Tribunal in the case of Gujarat Financial Services Ltd. V/s. ACIT reported in [2008] 115 ITD 218 (SB), the question raised in this appeal may be restored to the file of the ITAT for fresh consideration in accordance with law. Accordingly, the impugned order of the ITAT dated 27/2/2007 in Interest Tax Appeal No. 60/ Mum/2004 relating to AY 1999-2000 is quashed and set aside and the matter is restored to the file of the ITAT for fresh consideration in accordance with law. The appeal is disposed off accordingly with no order as to costs. (A.R. JOSHI, J.) (J.P. DEVADHAR, J.)