M/S. Chowgule Brothers Pvt. Ltd v. Assistant Commissioner Of Income Tax, Circle

IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION (REVIEW) NO. 29 OF 2016INTAX APPEAL NO. 38 OF 2016 M/S. CHOWGULE BROTHERS PVT. LTD., VersusASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2, MARGAO AND ANR., ... Applicant ... Respondents Shri Purushottam R. Karpe, Advocate for the applicant.Ms. Amira Abdul Razaq, Advocate for the respondents. -Coram:F. M. REIS & NUTAN D. SARDESSAI, JJ.-Date:6th April, 2017 P.C. Heard. 2. This is an application for modification/review of thejudgment passed by this Court dated 1st August, 2016, wherebythe matter was remanded to the Assessing Officer in respect ofthe financial year 2000-01 and 2001-02 in terms thereof. Duringthe course of hearing of the above application, the learnedcounsel appearing for the applicant states that to avoidmultiplicity of views with regard to the subject assessment years,it would be appropriate to remand the matter to C.I.T. (Appeals) in respect of both the assessment years for appropriate disposedoff. Ms.Razaq, learned counsel appearing for the respondents, oninstructions, also states that it would be appropriate that both thematters be decided by CIT (Appeals). 3. In view of the above, by consent the judgment dated 1stAugust, 2016 stands modified and the matter is remanded to theC.I.T. (Appeals) instead of Assessing Officer, as referred toherein above to decide the appeals filed by the appellant afresh,in accordance with law. All the contentions of the parties are leftopen. All other directions in the judgment shall be in operation. NUTAN D. SARDESSAI, J. mukund F. M. REIS, J.