The Commissioner Of Income Tax-14 v. M/S. Kothari Trading Corporation

KJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.710 OF 2010 The Commissioner of Income Tax-14Vs.M/s. Kothari Trading Corporation---- )..Appellants )..Respondents Mr. D.K. Kamwal for the appellants. Mr. S.G.Dalal for the respondents. ---- CORAM : J. P .DEVADHAR & MRS.MRIDULA BHATKAR,JJ DATE : 24/1/2011. PC 1Counsel on both sides agree that the questions raised in this Appeal are answered in favour of the Revenue by the decision of this Court in the case of CIT Vs.Kalpataru Colours & Chemicals reported in 233 CTR 313. However, in the present case, the Tribunal has remanded the matter back to the Assessing Officer to decide the questions in the light of the decision of the Special Bench in the case of Topmen Exports. Since the Tribunal has remanded the matter, we are not inclined to entertain this appeal. However, the Assessing Officer while giving effect to the order of the Tribunal shall take into consideration the decision of this Court in the case of Kalpataru Colours & Chemicals (supra). Appeal is disposed off accordingly with no order as to costs. (MRS.MRIDULA BHATKAR,J) (J.P.DEVADHAR,J)