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SCA/98262009/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9826 of 2009
=========================================
DHARA
VGETABLE OIL & FOODS CO LTD - Petitioner(s)
Versus
THE
DEPUTY COMMISSIONER OF INCOME TAX - Respondent(s)
=========================================
Appearance :
MR.
S.N.SOPARKAR, SENIOR COUNSEL with MRS SWATI
SOPARKAR for Petitioner(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 1,
MRS MAUNA M BHATT for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 23/02/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
The
Petitioner has filed this petition under Article 226 of the
Constitution of India challenging the notice of reopening issued
under Section 148 of the Income Tax Act for assessment year 2002-03.
Reasons were recorded, against which objections were raised by the
Petitioners and those objections were considered by the Assessing
Officer.
Heard
Mr. S.N.Soparkar, the learned Senior Counsel appearing for the
Petitioner and Mr. Manish R. Bhatt, the learned Senior Standing
Counsel appearing for the Revenue.
The
matter was heard at length Yesterday and some queries were raised by
the Court, pursuant to which, a statement duly signed by the
Chartered Accountant of the Petitioner Company alongwith the
documents, is produced on record.
Having
considered the submissions and the documents on record, we are of
the prima facie view that the matter requires consideration by this
Court, and hence, this petition is Admitted
and Rule to be issued.
RULE.
Mrs. Mauna M. Bhatt, the learned Standing Counsel waives service of
Rule on behalf of the Respondent.
The
ad-interim relief granted earlier shall operate as interim relief
during the pendency and final disposal of this petition.
(K.A.Puj,J)
(Rajesh H.
Shukla,J)
Jayanti*
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