The Commissioner Of Income Tax-Iv v. India Exports

IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.2761 OF 2010 The Commissioner of Income Tax-IV..Appellant. Vs. India Exports..Respondent. .... Mr. Suresh Kumar for the Appellant.Mr.Ashok D. Shetty with Mr.R.V.Shetty and Ms.Rita K. Joshi for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 29 June 2010. P.C. : Counsel appearing on behalf of the Revenue and counsel appearing on behalf of the assessee are agreed in stating before the Court that in view of the judgment delivered by this Court today in Commissioner of Income Tax v. Kalpataru Colours and Chemicals (ITA(L) 2887 of 2009), the impugned order of the Tribunal may be set aside and the proceedings may be restored to the Assessing Officer for passing a fresh order in the light of the judgment of this Court. In the circumstances, there shall be an order in these terms. The appeal is accordingly disposed of. There shall be no order as to costs. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)