Telangana High Court

WP/26948/2006 of M/s. Carzonrent (India) Private Limited, Vs Commercial Tax Officer, Begumept on 28 December 2006

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND SIX PRESENT THE HON'BLE MR JUSTICE J.CHELAMESWAR AND THE HON'BLE MR JUSTICE D.APPA RAO WRIT PETITION No.26948 OF 2006 Between: M/s.Carzonrent (India)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND SIX

PRESENT

THE HON'BLE MR JUSTICE J.CHELAMESWARAND

THE HON'BLE MR JUSTICE D.APPA RAO

WRIT PETITION No.26948 OF 2006

Between:

M/s.Carzonrent (India) Private Limited,Begumpet, Hyderabad, rep.by itsManaging Director Rajiv K.Vij.

AND

..... PETITIONER

Commercial Tax Officer,Begumpet, Circle,Hyderabad, and others.

....RESPONDENTS

THE HON'BLE MR JUSTICEJ.CHELAMESWARAND THE HON'BLE MR JUSTICED.APPA RAO

WRIT PETITION No.26948 OF 2006

O R D E R(Per Sri Justice J.Chelameswar)

The issue involved in the instant writ petition is squarely coveredby an order of this Court in W.P.No.26886 of 2006, dated 27.12.2006. Accordingly, this writ petition is disposed of following the orderpassed in the said writ petition.

However, in the instant case, we are of the opinion that there is afailure of natural justice while making the assessment. The impugnedorder is therefore set aside. It is agreed by the learned counsel for thepetitioner and the learned Government Pleader for Commercial Taxesthat the petitioner shall file his objections, if any, to the show causenotice on or before 10.01.2007, upon receipt of which it is open to therespondents to pass fresh assessment order for the year 2003-2004, inaccordance with law, after giving a reasonable opportunity to thepetitioner. No costs.

-----------------------------------JUSTICE J.CHELAMESWAR

-----------------------------

JUSTICE D.APPA RAO

28[th] DECEMBERR, 2006

NOTE:

Office is directed to append the copy ofthe order passed in WP No.26886/06,dated 27.12.2006 to this W.P. also.

(B/O)PGS

THE HON'BLE MR JUSTICEJ.CHELAMESWARAND THE HON'BLE MR JUSTICED.APPA RAO

WRIT PETITION No.26948 OF 2006(Per Sri Justice J.Chelameswar)

28[TH] DECEMBER, 2006

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