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Dedicated Health Care Services TPA (India) Pvt. Ltd. and others Versus Assistant Commissioner of Income Tax and others - 2010 (5) TMI 98 - BOMBAY HIGH COURT - Income Tax

......... rdingly set aside. We also clarify that in making assessments or, as the case may be, in passing orders on appeals filed under the Act, the Assessing Officers and the Commissioner (Appeals) shall do so independently and shall not regard the exercise of their quasi judicial powers as being foreclosed by the issuance of the circular. 15. For the aforesaid reasons, rule is made absolute partly in the aforesaid terms and to the extend noted herein above. 16. In the circumstances of the case, there shall be no order as to costs. At the conclusion of the judgment, learned senior counsel appearing on behalf of the Petitioners has requested the Court to stay the operation of the judgment to enable the Petitioners to seek recourse to their remedies in appeal. There shall be a direction to the effect that no coercive steps shall be taken to enforce the outstanding dues, if any, against the Petitioners for a period of eight weeks from today. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)


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