Shriram Foundry Ltd, Kolhapur v. Deputy Commissioner Of Income Tax, Circle 2 And Ors

srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10959 OF 2011 Shriram Foundry Ltd,KolhapurVersus ...Petitioner Deputy Commissioner of Income Tax,Circle 2 and ors. ...Respondents Mr.Mihir C. Naniwadekar for petitioner.Mr.Vimal Gupta for respondent. CORAM: DR.D.Y. CHANDRACHUD & M.S.SANKLECHA, JJ. March 14, 2012. P.C. 1.Rule, returnable forthwith. Counsel appearing for the respondents waives service. By consent the petition is taken up for final hearing. 2.Leave to amend in terms of the draft amendment tendered, taken on record and marked “X” for identification. Amendment may be carried out forthwith. Verification dispensed with. 3. In these proceedings under Article 226 of the Constitution the petitioner has questioned the action of the Assessing Officer in reopening the assessment for Assessment Year 2005-06 by notice dated 7 March 2011. 4.Counsel appearing on behalf of the petitioner and the counsel appearing on behalf of the Revenue are agreed that the facts of the present case are similar to those in companion Writ Petition No.10957 of 2011 filed by the assessee which has been allowed by a judgment delivered today. 4A.For the reasons indicated by the Court while allowing companion petition, Rule is made absolute by setting aside the notice dated 7 March 2011 issued under Section 148, the order dated 9 December 2011 passed on the objections raised by the assessee and the order of assessment dated 30 December 2011. There shall be no order as to costs. (DR.D.Y. CHANDRACHUD,J.) (M.S.SANKLECHA, J.)