Itxa/1541/2007 Of Kwality Laminatotrs ,Mum v. The Asstt. Commissioner Of Income-Tax,Central Circle-10,Mum

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1541 OF 2007 Kwality Laminators, Mumbai...AppellantV/s.The Asst. Commissioner of Income Tax, .Central Circle 10, Mumbai & Anr. ...Respondents Mr.A.R. Singh, Advocate, for the Appellant. Mr.P.S. Sahadevan, Advocate, for the Respondents. P.C. : CORAM : DR. S. RADHAKRISHNAN &A.V. NIRGUDE, JJ.DATE : 15TH JULY, 2008. .Heard the learned Counsel for the Appellantand the learned Counsel for the Respondents. 2.We have perused the impugned order dated 30thNovember, 2005 passed by the ITAT for A.Y. 1981-82 and1982-83. 3.We have also perused the judgment of our Courtin the Income Tax Appeal No.91 of 2008 dated 27th June,2008, pertaining to the A.Y. 1982-83. The presentAppeal arises out of the very same common order of ITATfor the A.Y. 1981-82 and 1982-83. 4.For the reasons reflected in our order dated27th June, 2008, the impugned order of the ITAT dated30th November, 2005 for the A.Y. 1981-82 and 1982-83is set aside as also the order of the CIT(A) dated 25thMarch, 1997. The matter is restored back to CIT(A) forde-novo considerations on the issue of additions asdiscussed earlier including merits thereof. Thepresent Appeal stands disposed of accordingly. 5.The learned Counsel for the Appellant pointedout that the CIT has fixed the matter for de-novoconsiderations pertaining to A.Y. 1982-83 on 24thJuly, 2008. In view thereof, we direct the CIT(A) tohear the present Appeal also and the Appeal pertainingto the A.Y. 1981-82 also on 24th July, 2008. [A.V. NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.]