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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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