The Commissioner Of Income Tax-3 v. Al-Kabeer Exports Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.1821 OF 2010 The Commissioner of Income Tax-3 Vs. ..Appellant. Al-Kabeer Exports Ltd...Respondent. .... Mr. Vimal Gupta for the Appellant. Mr. Balasaheb G. Yewale i/b Rajesh Shah & Co. for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 29 June 2010. P.C. : The questions of law which are raised by the Revenue in this appeal are covered by the judgment of this Court rendered today in Commissioner of Income Tax v. Kalpataru Colours and Chemicals (ITA(L) 2887 of 2009) in favour of the Revenue and against the assessee. In the circumstances, we dispose of the appeal in terms of the judgment rendered in that case. We set aside the impugned order of the Tribunal and remand the proceedings back to the Assessing Officer for a fresh orders in the light of the judgment delivered by this Court in the case of Kalpataru Colours (supra). There shall be no order as to costs. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)