HON’BLE SRI JUSTICE GODA RAGHURAM AND HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA Writ Petition No.22102 of 2011 Date: 09-8-2011 Between M/s. Vijaya Balaji Constructions (P) Ltd., Hyderabad-29, Rep. by its Managing Director Mr. A.L.Uday Shankar … Petitioner and The Deputy Commissioner (CT), Abids Division, Hyderabad and another … Respondents HON’BLE SRI JUSTICE GODA RAGHURAM AND HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA Writ Petition No.22102 of 2011 Order: The 2nd respondent passed the impugned order of assessment dated 06-6-2011 in respect of the petitioner for the period 01-4-2007 to 31-3-2008 on the basis of an authorization issued by the 1st respondent authorizing the 2nd respondent to conduct audit of the petitioner company. 2. 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 14-7-2011 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 06-6-2011 passed by the 2nd respondent cannot be sustained in law. 3. Therefore, the impugned order dated 06-6-2011 passed by the 2nd respondent is set aside. It is, however, open to the competent assessing authority to pass a fresh order of assessment in accordance with law. 4. 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. 09th August, 2011 Ak HON’BLE SRI JUSTICE GODA RAGHURAM AND HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA Writ Petition No.22102 of 2011 (Order of the Division Bench delivered by GR, J.) 09th August, 2011. (Ak) [1] (2011) VST 40 150 (A.P.)