AGK 1 itxa3227-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3227 OF 2009 The Commissioner of Income Tax – 9, Mumbai ..Appellant. Versus M/s.Ajanta Pharma Limited ..Respondent. Ms.Suchitra Kamble for the appellant. Mr.J.D. Mistry, Senior Advocae with Mr.Atul K. Jasani for the respondent. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 13 August 2010. P.C. : 1. On the request of the learned Counsel appearing on behalf of the Revenue and Counsel for the assessee, the impugned order of the Tribunal dated 26 December 2008 in so far as it pertains to the assessment year 2003-04 is set aside, in respect of Ground No.4 raised by the Revenue. The Appeal shall stand restored to the file of the Tribunal for a fresh disposal in accordance with law. 2. The appeal is accordingly disposed of. There shall be no order as to costs. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)