1 itxa1219-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1219 OF 2010 The Commissioner of Income Tax-III, Pune ..Appellant. V/s. Shri Chhatrapati Sahakari Sakhar Karkhana Ltd. ..Respondent. Mr. Vimal Gupta for the appellant. Mr. Mihir Naniwadikar for respondent. CORAM : J.P. DEVADHAR AND SMT. R.P.SONDURBALDOTA JJ. DATED : 16TH JUNE, 2011 P.C. :- 1. In the light of the subsequent judgments of the Apex Court in the case of DCIT V/s. Shri Satpuda Tapi Parisar SSK Ltd. reported in (2010) 326 ITR 42 (SC) and in the case of CIT V/s. Gold Coin Health Food (P) Ltd. reported in [2008] 304 ITR 308 (SC), counsel for parties state that the impugned order of the ITAT dated 22/2/2008 be quashed and set aside and the matter be restored to the file of ITAT for fresh decision in accordance with law laid down by the Apex Court. Accordingly, the impugned order of the Tribunal is quashed and set aside and the matter is restored to the file of ITAT for fresh decision in accordance with law. 2. The appeal is disposed off accordingly with no order as to costs. (SMT. R.P.SONDURBALDOTA, J.) (J.P. DEVADHAR, J.)