M/S. Rolson International v. Commissioner Of Income Tax-Xiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO1494 OF 2011 WITHINCOME TAX APPEAL NO.1315 OF 2011 M/s. Rolson International. v. Commissioner of Income Tax-XIV. ..Appellants. ..Respondent. None for the Appellants.Mr. Suresh Kumar with Mr. D.K. Kamwal for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 20TH FEBRUARY, 2013 PC: None for the appellants. 2)By these two appeals for assessment years 2000-01 and 2004-05, the appellants have challenged the orders of the Tribunal which dismissing their appeals by following the decision of this Court in the matter of CIT v. Kalpataru Colours and Chemicals reported in 328 ITR Page 461. 3)The aforesaid decision of this Court in the matter of Kalpataru Colours (supra) has been reversed by the Apex Court in the matter of Topman Export vs. CIT reported in 342 ITR 69. 4)In view of the above, the impugned orders of the Tribunal are set aside and both the matters are restored to the file of the Tribunal for a fresh decision in accordance with the decision of the Apex Court in the matter of Topman Export (supra). 5)Accordingly, both the appeals are disposed of in the above terms with no order as to costs. (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)