Itxa/216/2006 Of M/S Vama Appaarels India Ltd Mum v. Commissioner Of Income-Taxcity-V

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.215 OF 2006WITHINCOME TAX APPEAL NO.216 OF 2006 M/s. Vama Apparels (India) P. Ltd. ..Appellant. V/s. Commissioner of Income-tax & Anr. ..Respondents. Mr. J.D. Mistry, senior Advocate with Ms.S. Chaudhary i/b. P.K.P. Legal Solution for appellant. Mr. Vimal Gupta with Ms. Padma Divakar for respondents. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 15TH NOVEMBER, 2010 P.C. :- 1.Heard counsel for both the parties. By a common order dated 26/09/2005 the additions made on account of adjustment of gross profits were sustained by the Tribunal. During the pendency of the appeal, the Tribunal, on a Misc. Application filed by the assessee passed an order dated 29/08/2008 thereby partially recalling its order dated 26/09/2005. On recall, the matter was heard afresh and by an order dated 09/01/2009, the matter was restored to the file of the Assessing Officer to reconsider the recalled issue. Accordingly, by an order dated 27/10/2009, the Assessing Officer has passed fresh orders. The grievance of the appellant is that the Tribunal ought not to have partially recalled its order dated 26/09/2005 but ought to have recalled the entire order. After the matter was argued for some time, counsel on both the sides agreed that it will be in the interest of justice to set aside all the orders passed by the Tribunal, including the original assessment orders and orders of the Assessing Officer dated 27/10/2009 and direct the Assessing Officer to pass fresh orders in accordance with law. Accordingly, the original assessment orders as well as the orders passed by the Tribunal and the orders passed by the Assessing Officer on 27/10/2009 are quashed and set aside and the matter is restored to the file of the Assessing Officer to pass fresh assessment orders in accordance with law on all the issues as the Assessing Officer deems it relevant. 2.All the contentions of both the parties are kept open. 3.Both the appeals are disposed of accordingly with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)