M/S Welcast Finestocks Pvt. Ltd v. Commissioner Of Income Tax-Ii, Nagpur And Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH, NAGPUR. CAW No.825 of 2012 on WP.No.758 of 2010 M/s Welcast Finestocks Pvt. Ltd. Vs. Commissioner of Income Tax II and Ano. CAW No.826 of 2012 on WP.No.772 of 2010M/s Jupitor Communications Pvt. Ltd. Vs. Commissioner of Income Tax & Ano.CAW No.827 of 2012 on WP.No.774 of 2010Chaitanya Kochar (HUF) Vs. Commissioner of Income Tax & Ano.CAW No.828 of 2012 on WP.No.777 of 2010M/s Rashe Finestocks Pvt. Ltd. Vs. Commissioner of Income Tax & Ano.CAW No.829 of 2012 on WP.No.778 of 2010M/s Butterfly Finestocks Pvt. Ltd. Ltd. Vs. Commissioner of Income Tax & Ano. -------------------------------------------------------------------------------------------------------------------------Office notes, Office Memoranda ofCoram, appearances, Court's orders Court's or Judge's Orders.or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------- Mr. Anand Parchure, learned counsel for the applicant. Mr. Thakar, learned counsel for the non-applicant. CORAM : SMT. VASANTI A. NAIK, & DATE : 13th August, 2012. Heard. The learned counsel for the parties state that Writ Petition No. 772/2010 was disposed of as withdrawn on an incorrect concession given by the counsel for the parties that they had no objection if the appellate authority decides the issue pertaining to Section 127 of the Income Tax Act as a preliminary issue before considering the appeal on merits. It is now informed to this court by the learned counsel for the parties that the concession was wrongly given as the appellate authority had no jurisdiction to decide the issue pertaining to Section 127 of the Income Tax Act. The counsel for the applicant seeks a recall of the order dated 26.3.2010 on the aforesaid ground. Shri Thakar, the learned counsel for the non-applicant does not have any objection to the prayer made in the application. Hirekhan In the facts and circumstances stated herein above, the order dated 26.3.2010 is recalled. The Writ petition may be listed for admission on 23.8.2012. JUDGE JUDGE