1 2i.ITXAL.1089-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LODG.) NO.1089 OF 2011 M/s. Lob International. ..Appellant. Vs. Assistant Commissioner of Income Tax, Circle – 19(2), Mumbai. ..Respondent. .... Mr.Paras Savla, a/w. Ajay R. Singh, for the Appellant. Mr.Vimal Gupta, for the Respondent. .... CORAM : J. P. DEVADHAR & A.R. JOSHI, JJ. DATED : 15 th NOVEMBER, 2011. P.C. 1. This appeal is filed by the Appellant against the order of ITAT dated 3 rd December, 2010 in ITA No.1506/Mum/2010 relating to Assessment Year 2004-2005. 2. Since the ITAT has restored the matter to the file of the Assessing Officer in the light of the judgment of this Court in the case of CIT Vs. Kalpataru Colours and Chemicals, reported in (2010) 328 ITR 451 (Bom.), we are not inclined to entertain this Appeal. The fact that the decision of this Court in the case of Kalpataru Colours & Chemicals (supra) has not been accepted and the matter is pending before the Apex Court, cannot be a ground to entertain this Appeal. Accordingly, the Appeal is dismissed. (A.R.JOSHI, J.) (J.P. DEVADHAR,J.)