1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.W. NO. 1027/2011 IN Writ Petition No. 5050/2009 (Sandeep Dwellers Pvt. Ltd. & others VERSUS The State of Mah. & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anand Parchure, counsel for the petitioners/non-applicants. Mrs. B.H. Dangre, Addl. G.P. for the R-1 to 4/applicants. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : JUNE 16 , 2011 . Heard. By this application, the respondents seek a prayer to issue appropriate directions and permit the respondents- Department to proceed with the assessment proceedings against the petitioners in the absence of the information being supplied by the petitioners and assess the petitioners for tax on Works Contract for the period commencing from 2006-07. It is the case of the respondents/Department that by wrongly placing reliance on the order passed by this Court on 01.07.2010, the petitioners are not supplying the necessary information to the Department for proceeding with the proper assessment under the Maharashtra Value Added Tax Act, 2002 and Maharashtra Value Added Tax Rules, 2005. On hearing the learned for the parties and on perusal of the order dated 01.07.2010, it is clear that this Court had declined to grant interim relief in favour of the petitioners on a statement made by Mrs. B.H. Dangre, the 2 learned Additional Government Pleader, that no coercive action is being taken against the petitioners and only information is sought by the show cause notices. Hence, it is clear from the order dated 01.07.2010 that the Department had undertaken not to take any coercive action but, was to seek only the information by the show cause notices. It is, thus, clear that it was necessary for the petitioners to supply the necessary information to the Department so that the Department could have proceeded against the petitioners for quantifying the tax. Hence, even if the Department quantifies the tax, which is payable by the petitioners, the respondent- Department would not demand the same from the petitioners during the pendency of the writ petition in view of the order dated 01.07.2010 . Hence, the petitioners are directed to supply the necessary information to the respondents-Department within a period of Eight Weeks from the date of this order. The civil application is allowed in the aforesaid terms and disposed of. JUDGE JUDGE APTE