M/S.R.V.Nirman Private Limited, v. Deputy Commercial Tax Officer,

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.12883 OF 2015 ORDER: (Per Hon'ble Sri Justice R. Subhash Reddy) This Writ Petition is filed questioning the order, dated 18.04.2015, passed by the Deputy Commercial Tax Officer, Jubilee Hills Circle, Hyderabad - respondent No.1.

When the matter is called, it is submitted by the learned counsel appearing for petitioner and also the learned Special Standing Counsel for Commercial Taxes appearing for respondents that the subject matter of this Writ Petition is squarely covered by the judgment of this Court in Omega Shelters (P) Limited v. The Assistant Commissioner (CT) (LTU) and others (W.P.No.11528 of 2013 and batch), dated 24.04.2015, and a copy of the same is placed on record.

A perusal of the aforesaid Judgment discloses that the issue which fell for consideration in this Writ Petition was already adjudicated by this Court in the aforesaid Judgment. In view of the reasons stated in the aforesaid Judgment, the impugned order, dated 18.04.2015, is set aside. Having regard to the findings recorded by this Court in the aforesaid Judgment, the assessing authority shall re-examine the matter and dispose of the same expeditiously, after giving reasonable opportunity of being heard to the petitioner.

Subject to the above, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. No costs.

______________________ R. SUBHASH REDDY, J ____________________________ Dr. B. SIVA SANKARA RAO, J April 28, 2015 MD