1 itxa1603-09 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1603 OF 2009 The Commissioner of Income Tax-5, Mumbai ..Appellant. V/s. M/s. Radiant Shipping Ltd. ..Respondent. Mr. Suresh Kumar for the appellant. Ms. Beena Pillai i/b. D.M. Harish & Co. for the respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATED : 5TH AUGUST, 2011 P.C. :- Perusal of the order of the ITAT shows that the Tribunal has set aside the order of CIT(A) and restored back the matter to the file of assessing officer for fresh adjudication in accordance with law. Since the ITAT has restored back the matter to the file of the assessing officer, we see no reason to interfere with the order of the ITAT. Accordingly, the appeal is dismissed with no order as to costs. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)