High Court Madhya Pradesh High Court

Prakash Chand vs Deputy Commissioner Of Income Tax … on 31 March, 2004

Madhya Pradesh High Court
Prakash Chand vs Deputy Commissioner Of Income Tax … on 31 March, 2004
Equivalent citations: (2004) 188 CTR MP 576
Author: A Sapre
Bench: A Sapre


JUDGMENT

A.M. Sapre, J.

1. Learned counsel appearing for both the parties and in particular, learned senior standing counsel for the IT Department, Shri Jain fairly conceded that the issue involved in this petition is squarely covered by the decision rendered by this Court in WP No. 41 of 2003, Prakash Chand Khatri v. Dy. CIT and Anr. decided on 1st March, 2004, (Annex. A/11).

2. Under these circumstances and in this view of the matter I do not with to burden this judgment by narrating the entire facts in detail as the same is neither necessary nor required.

3. Accordingly and in view of the aforesaid discussion petition succeeds and is hereby allowed.

Annex. A/7, A/8, A/9 and. A/10 issued by respondent No. 1 are hereby quashed by issuance of writ of certiorari.

4. The reasoning contained in the judgment rendered in the case of Prakash Chand Khatri (supra) shall equally apply to this case and the said judgment shall be treated as a part of this order. A copy of the said order passed in Prakash Chand Khatri’s case (supra) be kept in this file. No order as to costs.