Itxa/390/2010 Of The Commissioner Of Income Tax-1 Pune v. Ameya Developers Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.390 OF 2010 The Commissioner of Income Tax-I ..Appellant. V/s. Ameya Developers Pvt. Ltd. ..Respondent. Mr. Vimal Gupta for appellant. Mr. S.N. Inamdar for respondent. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ.DATED : 7TH FEBRUARY, 2011 P.C. :- 1.This appeal is filed by the revenue against the order of the ITAT dated 31/08/2007 passed in ITA No.76/PN/06 relating to assessment year 2001-02. Perusal of the order of the Tribunal, particularly para 4, shows that the Tribunal remanded the matter back to the assessing officer for de novo consideration. In these circumstances, we are not inclined to entertain this appeal. However, it is made clear that it will be open to both the parties to cite before the adjudicating authority any other decision/s on the subject matter as they deem fit. The appeal is disposed of accordingly with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)