Wp/21519/2005 Of M/S.mahalaxmi Motors Ltd v. Dy.commissioner Of Income Tax Circle 2 (1)

THE HON’BLE Mr. JUSTICE B. SUDERSHAN REDDY AND THE HON’BLE Mr. JUSTICE S. ANANDA REDDY WRIT PETITION No.21519 OF 2005 DATED: 22-11-2005 Between M/s. Mahalaxmi Motors Limited Rep. by its Managing Director, Mahendra C. Mehta, A-4/2, Chandralok Complex, Sarojini Devi Road, Secunderabad – 500 003. .. Petitioner AND The Deputy Commissioner of Income TaxCircle 2(1), Aakar Bhavan, Basheerbagh,Hyderabad – 500 001 & another .. Respondents THE HON’BLE Mr. JUSTICE B. SUDERSHAN REDDY AND THE HON’BLE Mr. JUSTICE S. ANANDA REDDY WRIT PETITION No.21519 OF 2005 ORDER:(Per Hon’ble Mr. Justice S. Ananda Reddy) This writ petition is filed by the petitioner seeking certain refund of tax amount.But, however, it is represented by the learned senior counsel appearing for therespondents-Income Tax Department that the Department has issued a noticeto the petitioner proposing to implement the order of the Tribunal. Therefore, itis not appropriate for this Court to go into the merits of the rival contentions.Suffice it to close the writ petition giving liberty to the petitioner to file itsobjections before the assessing authority with reference to notice raising allpleas that are available to it under law, and if so raised, it is for the assessingauthority to consider the same and pass appropriate orders. It is stated that thepetitioner requires certain time for filing its objections to the notice. Hence, thepetitioner is granted three weeks time from the date of receipt of the notice forfiling its objections to the said notice and on receipt of such objections that arefiled by the petitioner, the assessing authority is directed to consider the sameand pass appropriate orders, in accordance with law. The Writ Petition is accordingly disposed of. No order as to costs. ___________________________ Date:22-11-2005 PV ___________________________ S. ANANDA REDDY, J