Walchand & Company Pvt. Ltd v. The Dy. Commissioner Of Income Tax Central Circle -22 )........ Respondant

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INXCOME TAX APPEAL NO. 397 OF 2005 Walchand & Company Pvt. Ltd........Appellantversus The Dy. Commissioner of Income Tax Central Circle -22)........ Respondant. Mr. M. Subramanium a/w. V.S. Hadade for the appellantMr. Vimal Gupta i/b P.S. Sahadevan for respondent. CORAM: SWATANTER KUMAR, C.J., & A.P. DESHPANDE, J. DATED: 15th SEPTEMBER, 2008. P.C.: 1.We have heard the learned counsel for the respectiveparties. The present appeal is directed against the order of theTribunal dated 28[th] September 2004. The contention raised onbehalf of the appellant is that the controversy in the present casewas squarely covered by the judgment of this Court in 1979 ITRVol.119 page 359 and the Tribunal has erred in law in relyingupon the judgment of the Bombay High Court. The fact that thematter has been remanded to the assessing officer, resultantlykeeping all the questions open inclusive of the question ofassessment, and that the matter is governed by the judgment of the Bombay High Court is not in dispute. With this observation,nothing survives in this appeal and the same stands disposed of. CHIEF JUSTICE A.P. DESHPANDE, J.