(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 5004 OF 2008 Mr. Satyanarayan M. Chandak, Age : about 53 years, Occupation : Business, Sharadanand, Opp. Telephone Bhavan, Ajabnagar, Aurangabad - 431 001. .. Petitioner. versus 1. Income-tax Settlement Commission, Additional Bench, Mahalaxmi Chambers, Mumbai 400 034. 2. Commissioner of Income-tax, Aurangabad. 3. Union of India, through its Standing Counsel, at High Court Bench at Aurangabad. 4. Central Board of Direct Taxes, having its office at Ministry of Finance, CS. Building North Block, Parliament Street, New Delhi - 110 001. Respondents. ....................... (2) Mr. M.K. Kulkarni, Advocate, for the petitioner. Mr. Alok Sharma, Assistant Solicitor General, for respondent nos.1 to 4. ........................ CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 20TH DECEMBER 2010 COURT'S ORDER (Per R.M. Borde, J.) : 1. With the consent of parties, taken up for final hearing forthwith. 2. Both the parties agree that the issue sought to be raised in the present petition is squarely covered by the judgment of the Division Bench of this Court, in the case of Star Television News Ltd. Vs. Union of India, reported in (2009) 317 ITR 66. In this view of the matter, for the reasons recorded therein, the impugned order is set aside. The proceedings are remitted back to the Settlement Commission for consideration afresh on the basis of law laid down by this Court in Star Television News Ltd. (supra). 3. All rival contentions are kept open. (3) 4. Rule is made absolute in the above terms with no order as to costs. ( R.M. BORDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp5004