1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.88 OF 2004 M/s. Shree Changdeo Sugar Mills Ltd. ..Appellant. V/s. Jt. Commissioner of Income ..Respondent. AND INCOME TAX APPEAL NO.354 OF 2004 Jt. Commissioner of Income ..Appellant. V/s. M/s. Shree Changdeo Sugar Mills Ltd. ..Respondent. Mr. Arun Sathe, senior counsel with S.S. Phadkar, Aarti Sathe, Mr. G.Rao, and Kalpesh Turalkar for appellant-assessee. Mr. P.S. Sahadevan for respondent-revenue. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 30TH NOVEMBER, 2009. P.C. :- Heard both the rival parties in the appeal. Both the parties by consent have drawn Minutes of order dated 30/11/2009 and placed it on record with a prayer to dispose of both the appeals in terms of the Minutes of order. The same is taken on record and marked 'X' for identification. In view of the joint motion made by the parties, both the appeals are disposed of in terms of the Minutes of order. The impugned order is set aside and the matter is remanded back to the Tribunal for consideration afresh. No order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)