Shri Uday C.nanavati & Ors v. Chief Commissioner Of Income Tax & Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J. WRIT PETITION NO.550 OF 2010 Shri Uday C.Nanavati & Ors. ...Petitioners. Vs. Chief Commissioner of Income Tax & Ors....Respondents. .... Mr.Percy J.Pardiwala, Sr.Advocate with Ms.Vasanti B.Patel for the Petitioners. Mr. Suresh Kumar for the Respondent.Mr.Sunil Kumar, Additional Commissioner of Income Tax present. ..... CORAM : DR.D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. April 28, 2010. P.C. : The challenge is to an order passed on 29 January 2009 by the Chief Commissioner of Income Tax, Mumbai, rejecting an application filed by the Petitioners, seeking approval under Section 10(23C)(vi)(a) of the Income Tax Act, 1961, for the period commencing from Assessment Year 2008-09. The impugned order notes that though the Petitioners were asked to furnish certain information that would have a bearing on their application for approval, such information was not supplied. Counsel appearing on behalf of the Petitioners submits that without prejudice to the contention that the relevant information was supplied, the Petitioners are ready and willing to supply all the information that was sought by the Respondents to the extent to which it is available with the Petitioners. This will facilitate a fresh consideration of the application for approval under Section 10(23C)(vi)(a). Counsel appearing on behalf of the Revenue states on instructions of Shri Sunil Kumar, Additional Commissioner of Income Tax that a fresh order would be passed upon the Petitioners supplying the necessary information. In the circumstances, in order to facilitate the passing of a fresh order on the application for approval, the impugned order dated 29 January 2009 is, by consent, set aside. A decision on the application filed by the Petitioners on 30 January 2008, seeking approval under Section 10(23C)(vi)(a) shall be taken afresh, after furnishing to the Petitioners, an opportunity of being heard. The Petition is accordingly disposed of. There shall be no order as to costs. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)