Itxa/3413/2010 Of The Commissioner Of Income Tax -17 Mumbai v. Shree Krishna Dyeing And Printing Works

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3413 OF 2010 The Commissioner of Income Tax-17 ..Appellant. V/s. M/s. Shree Krishna Dyeing & Printing Works..Respondent. Mr. Suresh Kumar h/f. Ms. Padma Divakar for the appellant.Ms. Suvarna Joshi i/b. Ashok D. Shetty for the respondent. CORAM : J.P. DEVADHAR AND SMT. R.P.SONDURBALDOTA JJ. DATED : 29TH JUNE, 2011 P.C. :- 1.Two questions of law are raised by the revenue in this appeal read thus:- 1)Whether on the facts and in the circumstances of the case, the Tribunal in law, was right in restoring the issue relating to the interest income back to the file of assessing officer for fresh examination in the light of the decision of the Special Bench of the Tribunal in the case of M/s. Lalsons Enterprises ?Tribunal in law, was right in restoring the issue relating to the interest income back to the file of assessing officer for fresh examination in the light of the decision of the Special Bench of the Tribunal in the case of M/s. Lalsons Enterprises ? 2)Whether on the facts and in the circumstances of the case, the Tribunal in law, was right in restoring the issue of export incentives back to the file of assessing officer for fresh adjudication in the light of the Special Bench of the Tribunal in the case of M/s. Tribunal in law, was right in restoring the issue of export incentives back to the file of assessing officer for fresh adjudication in the light of the Special Bench of the Tribunal in the case of M/s. 2. Since the Tribunal has remanded both the questions back to the file of the assessing officer for fresh decisions in accordance with the Special Bench decision of the Tribunal in the case of M/s. Lalsons Enterprises V/s. DCIT 89 ITD 25 (SB)(Del) as well as the decision in the case of M/s. Topman Exports V/s. ITO I.T.A. No.5769/Mum/2006, we are not inclined to entertain this appeal. However, as the Special Bench decisions in the case of M/s. Lalson Enterprises as well as in the case of Topman Exports have been reversed by this Court in the case of CIT V/s. Asian Star Co. Ltd. reported in [2010] 326 ITR 56 (Bom) and in the case of CIT V/s. Kalpataru Colours and Chemicals reported in 328 ITR 451, we direct the assessing officer to take into consideration the aforesaid judgments of this Court while passing the fresh order as per the directions of the ITAT. The appeal is disposed off accordingly with no order as to costs. (SMT. R.P.SONDURBALDOTA, J.) (J.P. DEVADHAR, J.)