1 itxal891-11 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.891 OF 2011 Commissioner of Income Tax - 12, Mumbai ..Appellant. Versus M/s.Tempus Investments ..Respondent. Mr.Vimal Gupta with Smt.Padma Divakar for the appellant. Mr.K.B. Bhujle for the respondent. CORAM : J.P. Devadhar & K.K. Tated, JJ. DATE : 8th September 2011 P.C. : 1. In the present case, the Income Tax Appellate Tribunal has restored the matter to the file of the assessing officer in the light of judgment of this Court in the case of Godrej & Boyce Manufacturing Company Limited reported in 328 ITR 81. Since the Tribunal has restored the matter to the file of the assessing officer, we are not inclined to entertain this appeal. The fact that the Revenue has not accepted the decision of this Court in the case of Godrej & Boyce Manufacturing Company Limited and SLP filed by the Revenue is pending in the Supreme Court cannot be a ground to entertain this appeal. 2. The appeal is accordingly dismissed with no order as to costs. (K.K. Tated, J.) (J.P. Devadhar, J.)