Skol Breweries Limited v. Deputy Commissioner Of Income Tax & Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.856 OF 2010 SKOL Breweries LimitedVersus Deputy Commissioner of Income Tax & Others ..Petitioner. ..Respondents. Mr.Deepak Chopda with Mr.V.V. Khemka for the petitioner.Mr.Suresh Kumar for the respondents. CORAM : Dr.D.Y. Chandrachud & J.P. Devadhar, JJ. DATE : 6 July, 2010. P.C. : 1.At the hearing of the petition, Mr.Suresh Kumar, Counsel appearing on behalf of the Revenue states on instructions of the Additional Commissioner of Income Tax and the Assessing Officer, presently holding charge, who are present before the Court, that the impugned order dated 5 April 2010 shall be withdrawn and a fresh order shall be passed in compliance with the directions issued by this Court on 8 March 2010 in Writ Petition No.2542 of 2009. The petitioner has agreed to appear before the Assessing Officer for a personal hearing on 8 July 2010 at 11.00 a.m. The Assessing Officer shall pass a final order on or before 22 July 2010. 2.In the meanwhile, the ad-interim order that was passed on 17 December 2009 in Writ Petition No.2542 of 2009 shall continue to remain in operation until a fresh order is passed by the Assessing Officer and for a period of four weeks from the communication of the said order to the petitioner to enable the petitioner to pursue the remedies available in law. 3.In view of the statement which has been made on behalf of the Revenue, Counsel appearing for the petitioner does not seek any further relief at this stage. 4.The writ petition is accordingly disposed of. There shall be no order as to costs. (J.P. Devadhar, J.) (Dr.D.Y. Chandrachud, J.)