IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.273 OF 2004 Spirax Marshall Pvt.Ltd. .. Appellant V/s Dy.Commissioner of Income Tax Spl.Range-3, Pune - 411 034. .. Respondent Mr.S.E.Dastur, Senior Counsel with Mr.A.K.Jasani for Appellant. for Respondents. Mr.R.V.Desai, Senior Counsel with Mr.P.Kapoor for Respondent. CORAM: S.RADHAKRISHNAN & J.P.DEVADHAR, JJ. DATE : 18.01.2005. P.C.: 1. Appeal is admitted. learned Senior Counsel for Respondent waives service. By consent taken up for final hearing. Heard learned Counsel for parties. Perused order of Income Tax Appellate Tribunal dated 11.9.2003. Mr.Dastur, learned Senior Counsel for Appellant has pointed out that Tribunal has not considered method of accounting that has been followed by Appellant for last several years which was accepted by Revenue. He also brought to our notice that two important judgments viz.CIT CIT V/s Simplex Concrete Pipes - 179 ITR 8 and Anup Engineering Ltd.V/s.CIT-247 ITR 457, were not considered by Tribunal, though cited before it. 2. Under aforesaid facts and circumstances, we quash and set aside impugned order dated 11.9.2003 of Income Tax Appellate Tribunal and matter is ::: Downloaded on - 07/11/2020 14:07:11 ::: remanded back to Income Tax Appellate Tribunal, Pune, to decide same afresh on all issues, as expeditiously as possible. Appeal is allowed accordingly, however with no order as to costs. (S.RADHAKRISHNAN,J.) (J.P.DEVADHAR,J.) ::: Downloaded on - 07/11/2020 14:07:11 ::: Spirax Marshall Pvt. Ltd. v. Dy. Commissioner of Income-tax, Spl. Range-3, Pune