IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.27172 of 2008 Between: Wockhardt Hospitals Limited Rep. by its Authorized Person, Mr. Sudhaker Jadhav Regd. Office at Bandra Kurla Complex, Mumbai. (Kamineni Wockhardt Hospital, King Koti, Hyderabad.) ..... PETITIONER AND The Commercial Tax Officer Narayanaguda Circle, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ, order or direction, more particularly in the nature of Wrti of Certiorari and call for the records relating to Assessment Order in Tin No.28310336192, dt. 3-12-2008, passed by the respondent herein, for the Assessment Year 2007-08 (upto February, 2008) and quash the same. Counsel for the Petitioner:MR.S.CHAKRAPANI Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.27172 of 2008 ORDER: (per the Hon’ble Sri Justice Goda Raghuram) Aggrieved by the two Assessment Orders bearing reference Tin.No.28310336192, both dated 03.12.2008, passed by the respondent for the assessment years 2006-07 and 2007-08, the writ petition is filed inter alia, on the ground that despite the fact that the counsel for the petitioner assessee had requested two weeks’ time to file a reply to the earlier show cause notice dated 10.11.2008 requiring certain information to be furnished, no time was granted nor the information sought furnished and the respondent proceeded to pass the order of assessment. 2. Learned Special Standing Counsel appearing for the respondent, on instructions, does not contest the fact that no time as sought by the assessee was granted. 3. On this count alone, the orders of assessment, dated 03.12.2008, for the assessment year 2006-07 and 2007-08 are vitiated. They are accordingly set aside. The petitioner shall now respond to the show cause notice already issued, treating the impugned orders of assessment as show cause notices and may file its response within a period of four weeks from the date of receipt of a copy of this order. The respondent is at liberty to pass fresh orders of assessment after consideration of the assessees response, if submitted, within a period of four weeks. The assessee is further at liberty to address the respondent immediately seeking any particulars or information for the purpose of filing its response and, on such requisition submitted, the assessing authority shall respond thereto appropriately. 4. Accordingly, the writ petition is disposed of. No costs. ____________________ GODA RAGHURAM,J _________________ SANJAY KUMAR,J Date: 26-12-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KBJ}