Gujarat High Court High Court

Falcon vs Commissioner on 23 March, 2010

Gujarat High Court
Falcon vs Commissioner on 23 March, 2010
Author: D.A.Mehta,&Nbsp;Honourable Ms.Justice H.N.Devani,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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SCA/12182/2009	 1/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 12182 of 2009
 

 
 
=========================================
 

FALCON
FINSTOCK LIMITED - Petitioner(s)
 

Versus
 

COMMISSIONER
OF INCOME TAX & 1 - Respondent(s)
 

========================================= 
Appearance
: 
MR SN
SOPARKAR, SR. ADVOCATE with MS BHOOMI M THAKORE with MRS SWATI
SOPARKAR for
Petitioner(s) : 1, 
NOTICE SERVED BY DS for Respondent(s) : 1, 
MR
MANISH R BHATT, SR. STANDING COUNEL with MRS MAUNA M BHATT for
Respondent(s) : 1                                                    
                                                   NOTICE NOT RECD
BACK for Respondent(s) : 2, 
=========================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR. JUSTICE D.A.MEHTA
		
	
	 
		 
		 
			 

                              and
		
	
	 
		 
		 
			 

HONOURABLE
			MS. JUSTICE H.N.DEVANI
		
	

 

 
 


 

Date
: 23/03/2010 

 

 
ORAL
ORDER

(Per :

HONOURABLE MS. JUSTICE H.N.DEVANI)

1. The
endorsement on the board shows that notice has not been received back
qua respondent no.2. In the circumstances, fresh notice be issued
qua respondent no.2, returnable on 05 th
April, 2010. The petitioner is permitted to effect Direct
Service by Registered Post A.D.

2. In
view of the order passed earlier in similar matters, by way of
ad-interim relief, the respondents shall be free to take any action
against the petitioner, start proceedings or finalise the assessment,
but the said order/final order, shall not be given any effect and no
coercive action shall be taken against the petitioner in relation to
demand arising out of retrospective amendment of section 80HHC(3) of
the Income Tax Act, 1961.

3. Vide
order dated 22nd January, 2007 passed in Special Civil
Application No.24952 of 2006 and cognate matters, statements of the
learned counsel for the respondents had been recorded to the effect
that transfer applications had been filed before the Apex Court which
are yet pending for orders. In the circumstances, on the next date,
the learned counsel for the respondent no.1 shall inform the Court as
regards the status of the said transfer applications.

(
D.A. Mehta, J. )

(
Harsha Devani, J. )

hki

   

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