M/S Smart Money Finance Pvt. Ltd v. Commissioner Of Income Tax-Ii, Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,NAGPUR BENCH, NAGPUR WRIT PETITION No.2673 OF 2010 (M/s Smart Money Finance Pvt. Ltd. ..vs.. Commissioner of Income tax-II, Nagpur and another) -------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoranda ofCoram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------ Shri Thakar, Advocate for the petitioner, Shri Anand Parchure, Advocate for the respondents CORAM:- J.P. DEVADHAR AND A.B. CHAUDHARI, JJ.DATED :- 14th OCTOBER, 2010 1.This petition is filed to challenge the notices all dated 19[th ]October, 2009 issued under Section 153-C of the Income-tax Act, 1961, ex parte assessment orders all dated 23[rd] December, 2009 and validity of the order passed under Section 127 of the Income-tax Act, 1961 on 07-3-2008. Admittedly, the notices issued under Section 153-C of the Income-tax Act, 1961 have been adjudicated by passing ex party assessment orders and the petitioner has filed an appeal before the Commissioner of Income-tax (A) to challenge the ex parte assessment order and the same is pending. 2.Learned Counsel for the petitioner seeks to withdraw the petition with liberty to agitate all contentions raised in the petition before the Commissioner of Income-tax (A) before whom the appeal filed by the assessee against the ex parte assessment orders is pending. 3.Accordingly the petition is allowed to withdraw with liberty to agitate all the contentions raised in the petition before the to agitate all the contentions raised in the petition before the Commissioner of Income-tax (A). 4.Writ Petition is disposed of as withdrawn. JUDGEJUDGE