The Commissioner Of Income Tax – 25, Mumbai v. Rajesh D. Nandu Huf, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.6095 OF 2010 WITHINCOME TAX APPEAL NO.6096 OF 2010 The Commissioner of Income Tax – 25, Mumbai ..Appellant. VersusRajesh D. Nandu HUF, Mumbai..Respondent. Mr.Suresh Kumar for the appellant.Mr.F.V. Irani with Mr.P.C. Tripathi with Mr.Atul K. Jasani for the respondent. CORAM : J.P. Devadhar &A.R. Joshi, JJ. DATE : 16th November 2011 P.C. : 1.These two appeals are filed by the Revenue against a common order of the Income Tax Appellate Tribunal dated 21[st] July 2009 in Income Tax Appeal Nos.4289 and 4290/Mum/2008 relating to AYs 2005-2006 and 2006-2007. Perusal of the order passed by the Income Tax Appellate Tribunal shows that the Income Tax Appellate Tribunal has restored the matter to the file of the assessing officer to decide the matter afresh in the light of the decision of the Income Tax Appellate Tribunal in the case of Gopal Purohit V/s. Jt. Commissioner of Income Tax in Income Tax Appeal No.4854/M/08 2.It is not in dispute that the said decision of the Income Tax Appellate Tribunal in the case of Gopal Purohit (supra) has been affirmed by this Court reported in 228 CTR 582 (Bom) and the Special Leave Petition filed against the said decision has been dismissed by the Supreme Court. 3.In these circumstances, we see no reason to entertain these appeals. Accordingly, both the appeals are dismissed with no order as to costs. (A.R. Joshi, J.) (J.P. Devadhar, J.)