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SCA/29792/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 29792 of 2007
=========================================================
GUJARAT
POWER CORPORATION LTD - Petitioner(s)
Versus
ASSISTANT
COMMISSIONER OF INCOME TEX - Respondent(s)
=========================================================
Appearance
:
MRS
SWATI SOPARKAR for
Petitioner(s) : 1,
MR MANISH R BHATT for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 25/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
1. Heard
Mr. S.N. Soparkar, learned Senior Counsel with learned advocate Mr.
Tushar Hemani for the petitioner and Mr. Manish R. Bhatt learned Sr.
Counsel instructed on Mrs. Mauna M. Bhatt for the respondent ?
Revenue.
2. At
the time of issuance of the notice by this court on 7-12-2007, this
Court has permitted the Assessing Officer to continue with the
assessment proceedings and if necessary, also to pass final order but
that shall not be given effect till further order.
3. The
assessment order is duly served upon the petitioner and the
petitioner has also filed an appeal against the said order before the
Commissioner of Income-tax (Appeals). The petitioner is, therefore,
directed to file copy of the assessment order and appeal memo on the
record of this petition.
4. Having
heard the learned counsels for the respective parties, we are of the
view that the matter requires consideration by this Court and hence
this petition is admitted and Rule is made returnable on 4th
September, 2008.
5. Mr.
M.R. Bhatt, learned Senior Standing Counsel waives service of notice
of Rule on behalf of the revenue. Demand raised by the Assessing
Officer as a result of the assessment order is stayed during the
pendency of the petition.
(K.A.
Puj, J.)
(Bankim
N. Mehta, J.)
/JVSatwara/
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