IN HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.2127 OF 2009 Simens Limited ..Petitioner. Vs. Vijay Varma, Additional Commissioner of Income Tax, Range 7(2) and others ..Respondents. .... Mr. Percy Pardiwala, Senior Advocate with Mr. R. Murlidhar, Mr. Arun Siwach and Mr. Manu Kulkarni i/b Amarchand & Mangaldas & S.A. Shroff & Co. for Petitioner. Mr. Darius J. Khambata, Addl. Solicitor General with Mr. B.M. Chatterji i/b Ms Anamika Malhotra for Respondents. .... CORAM : DR. D.Y.CHANDRACHUD & J.P. DEVADHAR, JJ. 5th March, 2010. P.C.: Counsel appearing on behalf of Petitioner and learned Additional Solicitor General appearing on behalf of Respondents have tendered agreed Minutes in terms whereof order has been sought. learned counsel are agreed in stating that in view of fact that parties have agreed to modalities as set out in Minutes it is not necessary for this Court to record any reasons ::: Downloaded on - 20/04/2020 11:30:02 ::: 2 while disposing of Petition. In view of agreed Minutes, challenge to constitutional validity of Section 142(2A) has not been pressed in these proceedings. agreed Minutes which have been signed by learned counsel read as follows : MINUTES OF ORDER 1) Order dated 08/10/2009 passed by Respondent No.1 (Exhibit Q to Petition) is hereby set aside; 2) Respondent No.1 is directed to give Petitioner opportunity of hearing in response to Show Cause Notice dated 06/07/2009 (Exhibit I to Petition) and thereafter if he is of view that conditions of Section 142(2A) of Act are fulfilled and same is approved by Respondent No.2, pass order directing special audit to be conducted; 3) order under Section 142(2A), if any, shall be passed by 31st March, 2010; 4) Consequently, approval dated 07/10/2009 accorded by Respondent No.2 (Exhibit T to Petition) is also hereby set aside; ::: Downloaded on - 20/04/2020 11:30:02 ::: 3 5) written submissions already filed by Petitioner in response to show cause notice dated 06/07/2009 (Exhibit I to Petition) shall continue on record and shall be treated as submissions made at said hearing. Petitioner would be at liberty to file any further submissions on or before 15th March, 2010; 6) stay of assessment proceedings under Section 143(3) shall continue upto 30th June, 2010 or, if order under Section 142(2A) is passed directing special audit then upto expiry of period of ten weeks from date of submission of Audit Report under Section 142(2A), whichever is later; 7) In event order under Section 142(2A) is passed, as provided in Clause 3, operation of order should remain stayed for four weeks from date of service of order to enable Petitioner to have recourse to its remedies in law; 8) order of Transfer Pricing Officer under Section 92CA(3) in case of Petitioners shall be passed no later than sixty days prior to date on which period of limitation under Section ::: Downloaded on - 20/04/2020 11:30:02 ::: 4 153 for making assessment in case of Petitioner will expire; 9) This order shall not in any manner be construed as determination on merits of order dated 08/10/2009 and approval dated 07/10/2009. Respondents shall be free to pass such orders and to give approval uninfluenced by this order and on merits of case; 10)All contentions of parties are kept open. Petition shall accordingly stand disposed of in aforesaid terms as agreed. There shall be no order as to costs. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.) ::: Downloaded on - 20/04/2020 11:30:02 ::: Simens Limited v. Additional Commissioner of Income-tax, Range 7(2) and other