1 itxa5502-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5502 OF 2010 The Commissioner of Income Tax, Central III, Mumbai ..Appellant. Versus Asha V. Mehta ..Respondent. Mr.Vimal Gupta with Ms.Padma Divakar for the appellant. Mr.J.D. Mistri, Senior Advocate with Mr.Atul K. Jasani for the respondent. CORAM : J.P. Devadhar & K.K. Tated, JJ. DATE : 22nd September 2011 P.C. : 1. After the matter was argued for some time, counsel on both sides state that in view of the fact that the Income Tax Appellate Tribunal by the impugned order dated 8th March 2010 has restored the issue to the file of the assessing officer to ascertain the question as to whether 165000 shares of DFL Limited had been genuinely purchased by the assessee from the share broker on 4th May 2001,it is not necessary to entertain the present appeal. 2. In this view of the matter, the appeal is disposed off with liberty to the parties to canvas their arguments on the above issue before the assessing officer. No order as to costs. (K.K. Tated, J.) (J.P. Devadhar, J.)