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SCA/15473/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15473 of 2010
=========================================================
KRISHNA
COLD STORAGE - Petitioner(s)
Versus
INCOME
TAX OFFICER WARD-2 (4) & 1 - Respondent(s)
=========================================================
Appearance
:
MRS
SWATI SOPARKAR for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 14/12/2010
ORAL
ORDER
(Per
: HONOURABLE MS.JUSTICE HARSHA DEVANI)
Mr. S.N. Soparkar,
learned Senior Advocate appearing on behalf of the petitioner has
invited attention to the communication dated 8th August,
2008 to submit that the respondent no.1 had initially called upon the
petitioner to state as to whether it was willing to pay the
compounding fees of Rs. 4,79,153/- and to give its consent in
writing. That, despite the fact that the petitioner had given its
consent on 13th August, 2008, the respondent no.1 did not
take any action thereon. Now, at a belated stage, the respondent
no.1, vide communication dated 23rd August, 2010 has asked
for consent of the petitioner for payment of compounding fees at a
much higher rate. It is submitted that on account of no fault on the
part of the petitioner, the respondent is not justified in calling
upon the petitioner to pay a higher amount by way of compounding
fees.
Having regard to the
aforesaid, issue notice returnable on 24th January, 2011.
Direct service qua
the respondent no.1 is permitted. The petitioner is permitted to
serve the respondent no.2 directly by Regd. Post A.D. in addition to
normal mode of service.
[HARSHA
DEVANI, J.]
[H.B.
ANTANI, J.]
pirzada/-
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