TaxTMI 
TaxTMI 
2011 (6) TMI 127
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....ion, the writ petition was filed. It is averred that the first respondent issued a show-cause notice as per Annexure 'B' to the writ petition dated 12-10-2009 regarding proceedings under section 201(1) and 201(1A) in respect of indirect acquisition of 51 per cent shares of Sesa Goa Limited without deduction of TDS. The petitioner contended that the said show-cause notice is not a show cause notice at all and the Assessing Officer has already prejudged the matter and wherefore, no useful purpose would be served in giving a reply to the show-cause notice. 3. The learned single Judge, after considering the contentions of the learned counsel for the parties, held that the petitioner, having received the show cause notice should approach the first respondent Assessing Officer and give its reply and all the contentions that were urged in the writ petition can be urged before the Assessing Officer and accordingly, declined to interfere with the show cause notice. The learned single directed the petitioner to appear before the first respondent-authority pursuant to the show-cause notice and the first respondent to consider the case of the petitioner and pass appropriate order in accorda....
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....tion 2(47) of the Act and does not attract capital gains tax, has relied upon the decision of the Hon'ble Supreme Court in Oryx Fisheries (P.) Ltd. v. Union of India [2010] 13 SCC 427, wherein it is observed as under: "31. It is of course true that the show-cause notice cannot be read hypertechnically and it is well settled that it is to be read reasonably. But one thing is clear that while reading a show-cause notice the person who is subject to it must get an impression that he will get an effective opportunity to rebut the allegations contained in the show-cause notice and prove his innocence. If on a reasonable reading of a show cause notice a person of ordinary prudence gets the feeling that his reply to the show-cause notice will be an empty ceremony and he will merely knock his head against the impenetrable wall of prejudged opinion, such a show-cause notice does not commence a fair procedure especially when it is issued in a quasi-judicial proceeding under a statutory regulation which promises to give the person proceeded against a reasonable opportunity of defence." The learned senior counsel has also relied upon Advance Ruling - Application No. P-5 of 1995, In re [1....
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....e notice was challenged by M/s. Sesa Goa Limited in W.P. No. 1386/2009 and in the said case, the following order was passed by this Court on 13-3-2009: "10. As the respondent has sought for permission to withdraw the notice, particularly, as further proceedings after issue of the notice had been stayed by this court, the interim order granted earlier is vacated and the writ petition is dismissed with the observation that it is open to the respondent to withdraw the notice and to proceed in accordance with taw. The learned counsel further submitted that in the show-cause notice impugned in the instant case, the first respondent has only given a tentative opinion, which is subject to the objections that may be filed by the appellant. The first respondent has also made it clear that if the facts were found to be different, the same may be brought to his notice. The appellant is at liberty to submit about the validity of the opinion expressed by the first respondent in view of the contents of the show cause notice itself and the question of jurisdictional fact about the liability of the appellant has to be considered by the appropriate authority and not by the High Court in exercise....
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....n the writ petition is only a show-cause notice issued by the first respondent and the said notice pertains to a transaction, wherein the appellant herein accepted the offer made by Vedanta Group and the acquirer companies and the offer was made to the retail shareholders of Sesa Goa Limited. As per the offer, the Vedanta Group and the acquirer Companies undertook to buy additional 15 per cent shares of Sesa Goa Limited from the retail shareholders at the price of Rs. 2036.30 (the price at which the Vedanta Group had earlier indirectly acquired 51 per cent shares of Sesa Goa Limited). Vedanta Group had to make this offer because as per SEBI regulations, no person can acquire more than 15 per cent share holding of an Indian listed Company without making such an offer. We do not find any merit in the contention of the learned senior counsel for the appellant that the contents of the show-cause notice would reveal that the first respondent has already predetermined the matter and no useful purpose would be served by relegating the appellant to the first respondent to show-cause to the notice issued by him as he has already predetermined the matter, as it is clear from the contents of ....