IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL No. 245 OF 2006 Radhaballabh Silk Mills P. Ltd. Appellant Vs The Dy. Commissioner of ... Respondent Income-Tax, Circle-4(1), Mumbai Mr. S. G. Dalal, for the appellant. Mr. Vimal Gupta, for the respondent. CORAM: Dr. S. RADHAKRISHNAN, & V. C. DAGA, JJ. DATED: DECEMBER 10, 2008. P.C.: ---- . Heard the learned counsel for the appellant and the learned counsel for the respondent. After hearing the parties for some time, by the consent of both the parties, the impugned order dated 16th January, 2006 passed by the Tribunal is modifed to the limited extent that instead of remanding back to the lower Appellate Authority, the matter is remanded back to the Assessing Officer, so as to enable the appellant to raise all the contentions before the AO. In view thereof the impugned order dated 16th January, 2006 is modified, as mentioned above. All contentions of the appellant are kept expressly open. - 2 - 2. Both the learned counsel agree that there is no need to record the reasons, in view of the limited order that has been passed. Sd/- Sd/- [ V.C. DAGA, J.] [ Dr. S. RADHAKRISHNAN, J.]