The Commissioner Of Income Tax-Iii v. Gad Logistics (I) Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 1720 OF 2012 The Commissioner of Income Tax-III,versus GAD Logistics (I) Pvt. Ltd. ..Appellant ..Respondent -------- Mr. Tejveer Singh for the Appellant.None for the Respondent. ............. CORAM : J.P. DEVADHAR &M.S.SANKLECHA, JJ. DATE : 31[st] January, 2013 P.C.: In this appeal, the revenue has formulated the following questions for our consideration: a)Whether on the facts and in the circumstances of the case and in law the Tribunal was right in restoring the issue to the file of CIT(A) w.r.t. the issue of nature of land whether the same is agriculture as well as issue of distance of the said land whether the said land form part of capital asset?b)Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in restoring the issue to the file of CIT(A) w.r.t. the issue of 2 crores received in cash on the ground that it could be adjudicated only after adjudication of issue of determining the nature of land? (section 2(14) of the I.T.Act, 1961) 2Since, the Tribunal by the impugned order has restored the matter to the Assessing Officer for fresh consideration, we see no reason to entertain the present appeal. 3Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P.DEVADHAR, J.)