The Commissioner Of Income Tax - Central Iii, Mumbai v. Dewan Housing Finance Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3584 OF 2009 The Commissioner of Income Tax - Central III, Mumbai..Appellant. Versus Dewan Housing Finance Corporation Limited..Respondent. Mr.Vimal Gupta for the appellant.Dr.K. Shivram with Mr.Ajay R. Singh for the respondent. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. P.C. : DATE : 17[th] January, 2011. 1.After the matter was argued for some time, counsel on both the sides state that it would be just and proper in the facts of the present case to set aside the order of the Income Tax Appellate Tribunal and restore the matter to the file of the Tribunal to decide all the questions raised in the appeal afresh. 2.Accordingly, by consent the order dated 13-01-2009 passed by the Tribunal is quashed and set aside and the matter is restored to the file of the Income Tax Appellate Tribunal for consideration afresh and in accordance with law. All rival contentions of both the parties are kept open. 3.The appeal is disposed off in terms of this order. No costs. (Mrs.Mridula Bhatkar, J.)