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2015 Supreme(Bom) 779

S.C.DHARMADHIKARI, A.K.MENON
Capgemini India Pvt. Ltd. – Appellant
Versus
Asst. Commissioner of Income Tax Circle 14(1)(2) – Respondent


Advocates Appeared:
For the Petitioner:Percy Pardiwalla, Senior Counsel with Jitendra Jain, P.C. Tripathi i/b. Atul K. Jasani, Advocates.
For the Respondents:Anil Singh, Additional Solicitor General with Suresh Kumar, Arvind Pinto, Advocate.

Judgment :-

(S.C. Dharmadhikari, J.)

1. This Writ Petition under Article 226 of the Constitution of India challenges the notice under section 148 of the Income Tax Act, 1961 (for short “the IT Act”), copy of which is at Annexure 'A' and the order dated 12th February, 2015 (Annexure 'AB') and reassessment order dated 27th February, 2015 (Annexure 'AC').

2. On the earlier occasion we had extensively heard both sides. We have also heard both sides today. In the light of the agreement and consent of both sides, we dispose of this Writ Petition finally.

3. Rule. Respondents waive service.

4. On 21st April, 2015, we had passed an order inviting the attention of the Respondents to the averments in the Writ Petition and particularly in para 12. Thereafter, we indicated to the Respondents that in view of authoritative pronouncements by this Court as also by the Hon'ble Supreme Court in the case of Asian Paints vs. Deputy Commissioner of Income Tax and Anr. reported in (2008) 296 ITR 90 and in the case of GKN Driveshofts (India) Ltd. vs. Income Tax Officer reported in (2003) 259 ITR 19, the orde






































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