1 7.ITXAL.1196-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL [L] NO.1196 OF 2011 M/s. Bachhraj Factories Pvt. Ltd. ..Appellant. Versus The Income Tax Officer-3 (1)(1), Mumbai ..Respondent. .... Ms. Vasanti Patel, for the Appellant. .... CORAM : J. P. DEVADHAR & A.R. JOSHI, JJ. DATED : 23 rd NOVEMBER, 2011. P.C. 1. Since the ITAT has restored the question raised in the Appeal to the file of the Assessing Officer with a direction to redo the assessment afresh on the basis of the outcome of the litigation regarding the ownership of the property which is presently pending before the Madhya Pradesh High Court, we see no reason to entertain this appeal. As the Assessing Officer is required to pass fresh assessment order, contentions of both the parties are kept open. In the result, the Appeal is dismissed with no order as to costs. (A. R. JOSHI, J.) (J. P. DEVADHAR,J.)