Itxa/1787/2009 Of The Commissioner Of Income Tax-2, Mumbai v. Daryanani (Indo - Saigon), Investment Pvt. Ltd. Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1787 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. Daryani (Indo-Saigon) Investment Pvt. Ltd. ..Respondent. Mr. P.S. Sahadevan for appellant. Mr. Sahil Mahajan i/b. Shalaka Ganesh for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 23RD SEPTEMBER, 2009. P.C. :- 1.Heard learned counsel for the revenue and the respondent. Both the parties agree that the issue sought to be raised in the appeal is covered by the judgment of this Court in the case of CIT V/s. Gold CoinHealth Food (P) Ltd. reported in [2008] 304 ITR 308 (SC). Both of them pray that the impugned order be set aside and the matter be remanded back to the Tribunal for consideration afresh in the light of the law laid down by the Apex Court. In this view of the matter, the impugned order is set aside and the matter is remanded back for fresh consideration keeping all contentions open. 2.The appeal is disposed of accordingly with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)