Itxa/1723/2011 Of The Commissioner Of Income Tax-19 v. Shri Sanjay S. Bajaj, L/H. Of Late Sunil M. Bajaj

* 1 * ITXA[L].2370.2010 30.6.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2370 OF 2010 The Commissioner of Income Tax-19....AppellantV/S.Shri. Sanjay S. Bajaj....Respondent * * * * Mr. A.S. Shivsaran, Advocate for the appellant.None for the respondent. CORAM :- J.P. DEVADHAR & SMT. R.P. SONDURBALDOTA, JJ. 30 June 2011. P.C. :- 1. Heard. 2. The Appeal is filed by the revenue against the order of the ITAT dated 25[th] June, 2010 wherein the ITAT has restored the matter to the file of the assessing officer to decide the question in accordance with the Special Bench decision in the case of M/s. Topman Exports (ITA No. 5769/Mum/2006) and M/s. Kalpataru Colours & Chemicals (ITA 5651/Mum/2006) [2009-TIOL-531-ITAT-MUM-SB]. Since the ITAT has restored the matter to the file of the assessing officer, we are not inclined to entertain this Appeal. However, the decision of the Special Bench in the case of Topman Exports and Kalpataru Colours and Chemicals Ltd have been reversed by this Court in the case of CIT V/s. Kalpataru Colours & Chemicals Ltd reported in 328 ITR 451 (Bom). Accordingly, we direct the assessing officer, to take into consideration, the aforesaid judgment of this Court while passing fresh order in accordance with the directions given by the ITAT. The appeal is disposed off accordingly. [SMT. R.P. SONDURBALDOTA, J] [J.P. DEVADHAR, J]