The Commissioner Of Income Tax – 4, Mumbai v. M/S.padmakshi Financial Services Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.957 OF 2011 The Commissioner of Income Tax – 4, Mumbai ..Appellant. Versus M/s.Padmakshi Financial Services Private Limited..Respondent. Mr.Suresh Kumar i/by Ms.Padma Divakar for the appellant.Mr.Jitendra Jain i/by PDS Legal for the respondent. CORAM : J.P. Devadhar &A.R. Joshi, JJ. DATE : 25[th] November 2011 P.C. : 1.Counsel for the parties state that since part of the question raised in this appeal is covered in favour of the assessee and partly in favour of the Revenue, it would be in the interest of justice to remand the matter back to the file of the Income Tax Appellate Tribunal for fresh consideration in the light of the judgment of this Court in the case of Commissioner of Income Tax V/s. Kotak Secutiries Limited, being Income Tax Appeal No.3111 of 2009 decided on 21[st] October 2011. 2.Accordingly, the impugned order is set aside and the questions raised in this appeal are restored to the file of the Income Tax Appellate Tribunal for fresh consideration in the light of the judgment of this Court in Kotak Securities Limited (Supra). 3.The appeal is accordingly disposed off with no order as to costs. (A.R. Joshi, J.) (J.P. Devadhar, J.)