1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.3382 OF 2010 The Commissioner of Income Tax-7 ..Appellant. Vs. M/s.Zodiac Clothing Co. Ltd. ..Respondent. .... Mr. Suresh Kumar for the Appellant. Ms. Vasanti B. Patel for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 29 June 2010. P.C. : 1. Four questions of law have been raised by the Revenue in this appeal under Section 260-A of the Income Tax Act, 1961. Insofar as the first three questions of law are concerned, learned counsel are agreed that they would stand covered by the judgment of this Court delivered today in Commissioner of Income Tax v. Kalpataru Colours and Chemicals (ITA(L) 2887 of 2009). In view of the statement made, the Assessing Officer upon remand, is directed to pass fresh orders in the light of the judgment of this Court in 2 Kalpataru Colours and Chemicals (supra). We, however, clarify that it would be open to the assessee to urge all submissions on fact before the Assessing Officer. 2. Insofar as the fourth questions is concerned, learned counsel are agreed that it is covered against the Revenue and in favour of the assessee by the judgment of a Division Bench in Commissioner of Income Tax v. WMI Cranes Ltd. (ITA 1155 of 2007 decided on 9 October 2007). The fourth question will, therefore not raise any substantial question of law. The appeal is accordingly disposed of. There shall be no order as to costs. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)