THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.22101 of 2011 Date:08.08.2011 Between: M/s. Vijaya Balaji Constructions (P) Ltd ..Petitioner And The Deputy Commissioner (CT), Hyderabad and another ..Respondents THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.22101 of 2011 ORDER: The second respondent passed the impugned order of assessment dated 18.06.2011 in respect of the petitioner for the period 01.04.2009 to 31.03.2010, on the basis of an authorization issued by the first respondent authorizing the second respondent to conduct audit of the petitioner company. In view of the law declared by this Court in Balaji Flour Mills vs. the Commercial Tax Officer-II, Chittoor[1], which was followed in M/s. Dekars Fire & Security Systems Pvt. Ltd. vs. the Deputy Commissioner (CT), by order dated 14.07.2011 in W.P.No.16952 of 2011 and batch, it is fairly conceded by the learned Special Government Pleader for Commercial Taxes that the impugned order of assessment dated 18.06.2011 passed by the second respondent cannot be sustained in law. Therefore, the impugned order dated 18.06.2011 passed by the second respondent is set aside. It is, however, open to the competent assessing authority to pass a fresh order of assessment in accordance with law. The Writ Petition is allowed as above at the stage of admission. There shall, however, be no order as to costs. _____________________ GODA RAGHURAM, J ______________________ ASHUTOSH MOHUNTA, J 08th August, 2011 GHN [1] (2011) VST 40 150 (A.P.)