Commissioner Of Income Tax-I, Hyderabad v. Mohd. Abdullah, Hyderabad And Others

THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN R.C. 69 OF 1992 29-10-2009 BETWEEN; Commissioner of Income Tax-I, Hyderabad ...Petitioner vs. Mohd. Abdullah, Hyderabad and others ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHANR.C. 69 OF 1992 ORAL ORDER: (Per GR,J) Notice on the Referred Case has been directed by the order of this Coudated 02-09-2009 to be served on the 3[rd] respondent by a paper publication. Bthe memo dated 19-10-2009, filed on behalf of the I.T. Department, proof of papepublication i.e., Hindu daily dated 14.10.2009 has been filed. There is, howeveno response for appearance on behalf of the respondents. It is submitted by the learned Standing Counsel for the I.T Department thathe Reference is ought to be answered in favour of the petitioner in view of thdecision of the Supreme Court reported in Union of India and others VsS.Muthyam Reddy([[1]]). We have perused the judgment of the Supreme Couand the contention of the learned Standing Counsel for the I.T. Department icorrect. Accordingly the reference is answered in favour of the petitione and against the assesse-respondent. The Referred Case is disposed of accordingly. No order as to costs. ______________ GODA RAGHURAM,J __________________ RAMESH RANGANATHAN,J 29[th] OCTOBER 2009.TSNR [1](1999) 240 I.T.R 341