Symantee Software India Private Limited v. Deputy Commissioner Of Income Tax And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3195 OF 2010 Symantee Software India Private Limited..Petitioner. Vs. Deputy Commissioner of Income Tax and others..Respondents..... Mr. Alif Fazalbhoy with Mr. Subhash Jadhav i/b ALMT Legal for the Petitioner.Mr. Vimal Gupta for the Respondent. .... CORAM : DR. D.Y.CHANDRACHUD & J.P. DEVADHAR, JJ. P.C.: 26 April, 2010. In pursuance of the notice issued by this Court on 16 April 2010 to the Assessing Officer to remain present before the Court, Shri Prashant Gadekar, Deputy Commissioner of Income Tax, Circle-7, Pune is present before the Court. Counsel appearing on behalf of the Revenue states that the officer tenders an unconditional apology and that he is ready and willing to pass a fresh order in accordance with law in compliance with the directions issued by this Court on 10 March 2010. The statement is recorded. In view of the statement made before the Court, the impugned order passed by the First Respondent on 15 March 2010 is set aside together with the demand notice dated 19 March 2010 consequential thereupon. The First Respondent, in terms of the statement made before the Court, shall pass a fresh order on the application for stay filed by the assessee on 9 March 2010 after complying with the previous directions issued by the Court on 10 March 2010. In view of the statement which has been made on behalf of the Assessing Officer, in terms whereof the present order has been passed, no further directions are sought in the proceedings. The Petition is accordingly disposed of. The Respondents shall abide by their statement. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)