M/S. Asia Corporation And Others v. Commissioner Of Income Tax And Ors

hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 782 OF 1999 M/s. Asia Corporation and Others ...Petitioners Versus Commissioner of Income Tax and Ors. ...Respondents Mr. K.B. Bhujle for Petitioners. Mr. A.S. Shivsharan for Respondents. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATED : SEPTEMBER 14, 2009 P.C. This is a petition by three persons who have been assessed as members of the A.O.P. The Petitioners in the Assessment Year 1993-94 in respect of the payment in the sum of Rs.24,04,600/- had applied under KVS scheme. That application was made on 29.12.1998. That application came to be dismissed on 24.2.1999 on the ground that on 30.11.1998 in respect of one of a member namely Petitioner No. 1, refund had been ordered by the Assessing Officer for the Assessment Year 1997-98 and which had been adjusted on 30.11.1998 against the dues of the A.O.P.. In so far as adjustment of the dues of Petitioner No. 1, as assessee, that was subject matter in Writ Petition No. 783 of 1999. By a separate order passed today, we have set aside the said order of adjustment dated 30.11.1998. As the application under KVS scheme was rejected solely on the ground that there were no dues pending, and once in Writ Petition No. 783 of 1999 the order passed on 30.11.1998 has been set aside, consequently we will have to set aside the order dated 24.2.1999 and consequently this petition will have to be allowed. In the light of that rule made absolute in terms of Prayer Clause (a). In so far as Prayer Clause (b) is concerned, the matter is restored to file of the Authority dealing with the applications filed under KVS scheme with a direction to dispose of the matter according to law at any rate not latter than six months from today. (D.G. KARNIK,J.) (F.I. REBELLO,J.)