Dakshata Fiance & Investment Pvt.ltd v. Income Tax Officerf 8(1)(3), Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J. INCOME TAX APPEAL (L) NO.1127 OF 2010 Dakshata Fiance & Investment Pvt.Ltd....Appellant. Vs. Income Tax Officerf 8(1)(3), Mumbai. ...Respondent. .... Mr.Niraj Sheth with Mr.Rajesh Poojari i/b.MINT AND CONFERERESfor the Appellant.Mr.P.S.Sahadevan i/b. Ms.Padma Divakar for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 2, 2010. P.C. : The delay in the presentation of the appeal has been condoned by an order passed today. The appeal is taken on board with the consent of Counsel appearing on behalf of the Assessee and the Respondent and has been called out for hearing. Both the Learned Counsel are agreed in stating that Grounds 1 and 3 set out in the order of the Tribunal dated 6 August 2009 have not been considered by the Tribunal and that consequently, the impugned order may be set aside and proceedings may be sent back to the Tribunal for consideration afresh. Hence, by consent, the impugned order of the Tribunal dated 6 August 2009 is set aside in order to facilitate a fresh order on remand. ITA 543/M/2008 which pertains to Assessment Year 2004-05 is accordingly restored to the file of the Tribunal for a fresh decision. In the circumstances, the appeal is disposed of. There shall be no order as to costs. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)