AGK 1 itxal257-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.257 OF 2010 The Commissioner of Income Tax 18, Mumbai ..Appellant. Versus M/s.Fabwear Garments, Mumbai ..Respondent. Mr.D.K. Kamwal for the appellant. Mr.Sanjiv M. Shah for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 6 August 2010. P.C. : 1. On the request of the learned Counsel appearing on behalf of the assessee and the learned Counsel for the Revenue, the impugned order of the Tribunal dated 17 April 2008 is set aside and the proceedings are remitted back to the Assessing Officer for reconsideration in the light of the judgment delivered on 29 June 2010 in Commissioner of Income Tax Vs. Kalpataru Colours and Chemicals [Income Tax Appeal (L) No.2887 of 2009]. 2. In the circumstances, this appeal is disposed of, on the request of AGK 2 itxal257-10 Counsel for the Revenue and the assessee, by directing the Assessing Officer to dispose of the proceedings in accordance with law and, while passing fresh orders to have due regard to the judgment of this Court in the case of Kalpataru Colours and Chemicals (supra). 3. The Appeal is accordingly disposed of. There shall be no order as to costs. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)