IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- INCOME TAX APPEAL No. 32 of 2005 HISSARIYA BROS V/S THE DY COMMISSIONER OF INCOME TAX Mr. Dinesh Mehta, for the appellant / petitioner Mr. KK BISSA, for the respondent Date of Order : 3.4.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI SANGEET LODHA,J. ORDER ----- This appeal has been filed by the assessee, against the order of the learned Tribunal, remanding the matter to the learned Commissioner on one issue only, however, since, there was no stay, during the pendency of the appeal, the learned Commissioner has decided the matter pursuant to the remand and that order is under challenge before the I.T.A.T. In that view of the matter, this appeal has become academic. The same is, therefore, disposed of as such. It is however, clarified that it will be open to the appellant to raise all the contentions before the learned Tribunal. ( SANGEET LODHA ),J. ( N P GUPTA ),J. / aditya/