1 ITXA2517-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ttm INCOME TAX APPEAL NO.2517 OF 2010 The Commissioner of Income Tax-6 .. Appellant Vs. M/s.Modern Terry Towels Ltd. .. Respondent. Mr.Suresh Kumar for the appellant Ms.Vasanti Patel for the respondent. CORAM : J.P. DEVADHAR & K.K. TATED, JJ. DATE : 9TH SEPTEMBER, 2011. P.C. 1. This appeal is filed by the Revenue against the order of ITAT dt. 29.09.2008 in Tax Appeal ITA No.2373/M/2006 relating to A.Y. 2003-04. Perusal of the order of the ITAT shows that the ITAT has restored the issue to the file of the Assessing Officer with a direction to follow the decision of the ITA in the Assessee’s own case for A.Y. 2000-01 to 2002-03. Since the ITAT has restored the issue to the file of the Assessing Officer, we are not inclined to entertain this appeal. 2. Counsel for the Revenue states that the appeal filed by the Revenue against the order of the ITAT relating to A.Y.2000-01 to 2002-03 have been 2 ITXA2517-10.doc dismissed by following the judgment of the Apex Court in the case of Commissioner of Income-Tax v. Woodward Governor India P. Ltd. reported in (2009) 312 ITR 254 (SC). The Assessing Officer while giving effect to the order of ITAT shall take into consideration the decision of the Apex Court. 3. Appeal is dismissed. (J.P. DEVADHAR, J.) (K.K. TATED, J.)