-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1573 of 2008 Madan Asananad Maker and another ... Petitioners vs. Office of the Deputy Commissioner of Income-tax, 7(3) and Ors. . Respondents Mr. D.H. Mehta, instructed by M/s. MKV Juris, for the petitioners. Mr. B.M. Chatterjee for respondent Nos. 1 and 2. CORAM: P.B. MAJMUDAR & J.P . DEVADHAR, JJ. DATE: NOVEMBER 19, 2008. P.C. Liberty to delete respondent No.3 is granted. Name of respondent No.3 stands deleted from the array of parties. 2. Rule. Rule made returnable forthwith. Learned counsel appearing for respondent Nos. 1 and 2 waives service of rule. 3. By filing this petition, the petitioners have challenged the order passed by the Deputy Commissioner of Income-tax, 7(3), Mumbai, respondent No.2 herein, dated 16th April, 2008. The respondent No.2, by the impugned order, set aside the transaction entered into between the original owner of the property-assessee and the present petitioners. -2- 4. The grievance of the petitioners is that the impugned order is passed without affording an opportunity of hearing to the petitioners to lead evidence to show that the transaction in question is genuine. Since it is not in dispute that the impugned order is passed without giving any hearing to the petitioners, with the consent of the learned counsel appearing for respondent Nos. 1 and 2, the impugned order is set aside with liberty to the department to pass a fresh order, after giving a reasonable opportunity of hearing to the petitioners. It will be open to the petitioners to lead whatever evidence they want to rely upon before the authority in this connection. Till a fresh decision is taken by the authority, the property in question shall remain under attachment and the attachment will continue for a further period of four weeks from the date of passing the fresh order by the authority. 5. Rule is made absolute to the aforesaid extent. The matter is remitted to the authority to decide the matter afresh as indicated above. There shall be no order as to costs. P. B. MAJMUDAR, J. J.P. DEVADHAR, J.