: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY Civil Jurisdiction Civil Jurisdiction Civil Jurisdiction WRIT PETITION NO.3535 OF 2009 WRIT PETITION NO.3535 OF 2009 WRIT PETITION NO.3535 OF 2009 Mafatlal Finance Company Ltd. ...Petitioner. V/s. Union of India & Ors. ...Respondents. Mr.Kayzer Kharawala i/by R.K.Associates , adv. for the Petitioner. Mr.Suresh Kumar , adv. for the Respondents. CORAM: F.I.Rebello & CORAM: F.I.Rebello & CORAM: F.I.Rebello & J.H.Bhatia,JJ J.H.Bhatia,JJ J.H.Bhatia,JJ. DATE : 15th April, 2009. DATE : 15th April, 2009. DATE : 15th April, 2009. P.C.: P.C.: P.C.: 1. Rule. By consent heard forthwith. 2. Petitioner has approached this Court against the communication dated 24.3.2009 whereby the petitioner has been called upon to deposit 50% of the demand. Our attention is invited to the fact that CIT(A) had referred the matter back to the Assessing Officer. The Assessing Officer has sent his report in which depreciation which was not allowed is now held to be allowable. The learned counsel for the petitioner submits that if the report of the Assessing Officer is taken into consideration, tax dues would be minimum and the question that the Commissioner would call upon the petitioner to deposit money would not : 2 : arise. 3. Considering the order of remand and after hearing the parties, ends of justice would be met if the CIT(A) is directed to dispose off the appeal within 60 days from today. 4. In the meantime, order dated 24.3.2009 is not to be acted upon. 5. Rule made absolute accordingly. No order as to Costs. (F.I.Rebello, J.) (F.I.Rebello, J.) (F.I.Rebello, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.)