1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.2809 OF 2010 The Commissioner of Income Tax-4 ..Appellant. Vs. M/s.V.S.International Pvt. Ltd. ..Respondent. .... Mr. Vimal Gupta for the Appellant. Mr. S.J.Mehta for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 29 June 2010. P.C. : The Respondent has been served and an affidavit of service has been filed. Question (A) in the questions of law formulated on behalf of the Revenue in the appeal has not been pressed. Questions (B) and (C) are governed by the order passed by the judgment and order of this Court delivered today in Commissioner of Income Tax v. Kalpataru Colours and Chemicals (ITA(L) 2887 of 2009). In terms of the judgment delivered today in the companion appeal, we set aside the impugned order of the Tribunal and remand the 2 proceedings to the Assessing Officer for a fresh decision in the light of the judgment of 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.)