1 itxal90-11 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.90 OF 2011 Devang K. Chokshi, Mumbai ..Appellant. Versus The Dy. Commissioner of Income Tax - 12(2), Mumbai ..Respondent. Mr.Rahul Hakani for the appellant. Mr.A.S. Shivsaran for the respondent. CORAM : J.P. Devadhar & Smt.R.S. Dalvi, JJ. DATE : 7th March, 2011. P.C. : 1. By consent the appeal is taken up for admission. 2. This appeal is filed by the appellant against the order of the Income Tax Appellate Tribunal dated 27-8-2010 in Income Tax Appeal No. 231/M/2010 relating to assessment year 2002-2003. Perusal of the order of the Tribunal shows that the Tribunal has restored the issued raised in this appeal to the file of the assessing officer for reconsideration in the light of the judgment of this Court in the case of Commissioner of Income Tax V/s. Kalpataru Colours & Chemicals reported in 328 ITR 457. 2 itxal90-11 3. Since the matter is restored to the file of the assessing officer for reconsideration in the light of the judgment of this Court in the case of Kalpataru Colours & Chemicals (Supra), we are not inclined to entertain this appeal. The appeal is accordingly dismissed with no order as to costs. (Smt.R.S. Dalvi, J.) (J.P. Devadhar, J.)