1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.2335 OF 2010 The Commissioner of Income Tax- 3 ..Appellant. Vs. Vijay Silk House Varansi Ltd. ..Respondent. .... Mr. Vimal Gupta for the Appellant. Mr. Akhileshwar Sharma for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 29 June 2010. P.C. : Counsel appearing on behalf of the Revenue and counsel appearing on behalf of the assessee are agreed in stating that this appeal will be governed by the judgment delivered today in Commissioner of Income Tax v. Kalpataru Colours and Chemicals (ITA(L) 2887 of 2009) and that in view of the judgment, the impugned order of the Tribunal may be set aside and the proceedings may be remanded back to the Assessing Officer to decide afresh in terms of the judgment of this Court. In view of the statement which 2 has been made before the Court by counsel on both the sides, the appeal is accordingly disposed of in terms of the judgment in Kalpataru Colours (supra). The impugned order of the Tribunal is set aside and the proceedings are remanded back to the Assessing Officer to pass fresh orders in terms of the judgment delivered by this Court. The appeal is accordingly disposed of. There shall be no order as to costs. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)