Wp/713/2006 Of R.k.bharadwaj v. The Commissioner Of Income-Tax, Nashik And Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISIDCTIION WRIT PETITION NO.713 OF2006 . Shri K.R. Bharadwaj.V/s. The Commissioner of Income tax & ors.... Respondents. .. Petitioner. Mr. M.K. Kuklkarni for the petitioner. Mr. Shiv Motariya for the respondents. CORAM : V.C.DAGA & J.P.DEVADHAR,JJ. DATED : 11.7 .2006. P.C. : ---- .Heard. .Rule returnable forthwith. . respondents. Mr.Motariya waives service on behalf of the .In this petition, petitioner is challenging the order dated 12.9.2005 passed under section 179 of the Income Tax Act, 1961 (‘the Act’ for short). .Learned Counsel appearing for the petitioner Registrar of Companies, Maharashtra State, Bombay,showing change of name from Premier ElectrodesPrivate Ltd. to Premier Electrodes Ltd. which issufficient to indicate that the petitioner was the of a public limited company and not of a private Ltd. company. .Per contra, learned Counsel appearing forthe Revenue submits that the income tax return filed by the petitioner shows that it is a private Ltd. company and public is not substantially interested. .Having heard rival parties, in view of the question raised by the petition, it would benecessary to set aside the impugned order and remitthe matter to the Assistant Commissioner ofIncome-tax, Circle-1, Nashik, for considerationafresh. It would be open for the petitioner toproduce additional material before the AssistantCommissioner in support of his contention and itwould also be open for the adjudicating authority to adjudicate the issue in accordance with law, as expeditiously as possible. .In the result, impugned order is set aside. The matter is remitted back to the AssistantCommissioner of Income Tax, Circle 1, Nashik todecide the notice under section 179 of the I.T.Act, as expeditiously as possible, at any rate, this order. . with no order as to costs. Rule is made absolute in terms of this order (V.C.DAGA,J.) (J.P.DEVADHAR,J.)