The Commissioner Of Income Tax v. M/S Leela Scottish Lace Pvt.ltd

-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Income Tax Appeal No. 856 of 2000 The Commissioner of Income Tax ..Appellant vs. M/s Leela Scottish Lace Pvt.Ltd. ..Respondent Mr.Suresh Kumar for appellant. Mr.Nitesh Joshi with Mr.Atul K.Jasani and Mr.P.C.Tripathi for respondent. CORAM: Dr.S.RADHAKRISHNAN &S.J.KATHAWALLA JJ. 22nd September,2008 CORAM: Dr.S.RADHAKRISHNAN & S.J.KATHAWALLA JJ. 22nd September,2008 P.C. P.C. 1. Heard the learned Counsel for the appellant and the learned Counsel for the respondent for some time. By consent the following order is passed. 2. The impugned orders passed by ITAT dated 12th November, 1999, Commissioner of Income Tax (Appeals) dated 26th November, 1990 and the original assessment order dated 31st March, 1989 stand set aside as far as the substantial question of law involved in the present appeal is concerned. 3. It is also agreed that the Assessing Officer shall de novo pass the assessment order as expeditiously as -2- possible after perusal of all the records that may be produced by the assessee as well as by the Department and all issues and contentions of the both parties are expressly kept open. Needless to state that the Assessing Officer need not be influenced in any manner by the original assessment order, order passed by the CIT(A) and the ITAT order which have been set aside. (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.) (S.J.KATHAWALLA J.) (Dr.S.RADHAKRISHNAN J.)