JUDGMENT : Anil R. Dave, J. 1. Heard the learned counsel. 2. Leave granted. 3. Looking at the facts, we modify the impugned judgment by directing that the Assessing Officer shall consider the matter de novo without being influenced by any observation made by the High Court, in accordance with law. 4. The appeal is disposed of as allowed to the above extent. 5. There shall be no order as to costs.