Wp/995/2010 Of Federal Expess Corporation v. Assistant Director Of Income-Tax And 3 Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.612 OF 2010 Federal Express Corporation..Petitioner. V/s. Assistant Director of Income Tax(International Taxation) & Ors...Respondents. Mr. Porus Kaka with Ms. Anuskha Sharda i/b. DSK Legal for petitioner. Mr. Suresh Kumar for respondents. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 15TH APRIL, 2010 P.C. :- 1.Though several reliefs have been sought in the petition under Article 226 of the Constitution, at the hearing, learned counsel appearing on behalf of the petitioner confined his submission to the validity of the notice issued by the Assistant Director of Income Tax (International Taxation) on 11March, 2010 (Exhibit aa). By the requisition, the assessee was called upon to disclose certain details pertaining to the All India receipts, All India expenses, third party receipts and third party expenses together with supporting documents for assessment years 2005-06 and 2006-07. 2.During the course of the hearing, learned counsel appearing on behalf of the Revenue, on instructions from Mr. Rakesh Jha, Assistant Director of Income Tax (International Taxation)–3(2), Mumbai, who is present in the Court, states that the remand report shall be prepared and issued without insisting on compliance by the assessee with the requisitions contained in the notice dated 11 March, 2010. Learned counsel appearing on behalf of the Revenue states that the remand report shall be furnished within a period of three weeks from today. 3.In the circumstance, in view of the statement, which has been made on behalf of the Revenue, counsel appearing on behalf of the petitioner states that the grievance of the petitioner has been met and no further orders are sought in the petition. The petition is accordingly disposed of. There shall be no order as to costs. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)