M/S. Basil Exports Pvt. Ltd v. Assistant Commissioner Of Income Tax 2(1

ITXA-1798.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1798 OF 2011 M/s. Basil Exports Pvt. Ltd. v.Assistant Commissioner of Income Tax 2(1). ..Appellant. ..Respondent. Mr. A.K.Jasani for the Appellant. Mr. Vimal Gupta, Sr. Advocate with Ms. Padma Divakar for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 1st March, 2013 PC: In this appeal by the revenue following questions have been raised for our consideration. a)Whether on the facts and in the circumstances of the case and in law the order of the Tribunal which was passed three months after the date of hearing, is contrary to the facts and submissions on record is based on irrelevant and incorrect facts and is in gross violation of the principles of natural justice and hence it is untenable in law and perverse? b)Whether on the facts and in the circumstances of the case and in law, the provisions of section 41(1) are applicable in the present case? 2)Since the Tribunal by impugned order has restored the issue to the Assessing Officer for fresh decision by keeping the contentions open to be urged before the Assessing officer, we see no reason to entertain the present appeal. 3)Accordingly, the appeal is dismissed with no order as to costs. 4)The Assessing officer would apply his mind to the issue raised before him without being influenced by the observations made by the Tribunal in his order dated 21/12/2010. (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)