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Rajasthan High Court - Jaipur

Dy Commissioner Of Income Tax And Anr vs Ms Manglam Build Developers Ltd And Anr on 28 September, 2018

Bench: Chief Justice, Inderjeet Singh

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

           D.B. Special Appeal Writ No. 533/2018

1.   Deputy    Commissioner       Of     Income      Tax     (Benami
     Transaction) and Initiating Officer Under The Prevention
     of Benami Transaction Act-2016, Room No. 250, Statue
     Circle, NCRB, Income Tax Office, Jaipur
2.   Union Of India Through Its Secretary, Income Tax
     Department, Government Of India, New Delhi.
                                   ----Appellants-Non-Petitioners
                             Versus
1.   M/s Manglam Build Developers Limited (a registered
     Companies registered Under The Companies Act, 1956)
     through its Director, Shri Rambabu Agarwal S/o Shri
     Madan Lal Agarwal, Resident Of H-55, Jhakhreshwar
     Marg, Banipark, Jaipur
2.   Shri Rambabu Agarwal Son Of Shri Madan Lal Agarwal,
     Resident Of H-55, Jhakhreshwar Marg, Banipark, Jaipur
                                       ----Petitioner-Non-Appellant
                       Connected With
           D.B. Special Appeal Writ No. 839/2018
1.   Deputy    Commissioner       Of     Income     Tax,     (Benami
     Transaction) And Initiating Officer Under The Prevention
     Of Benami Transactions Act, 2016, Room No. 250, Statue
     Circle, Ncrb, Income Tax Office, Jaipur
2.   Union Of India Through Its Secretary, Income Tax
     Department, Government Of India, New Delhi
                                   ----Appellants-Non-Petitioners
                             Versus
1.   M/s. Amar Pratap Developers Private Limited, A-21, Sadul
     Ganj, Bikaner Through Its Director Shri Ashok Kumar
     Modi S/o Shri Hanuman Prasad Modi, Resident Of A-21,
     Sadul Ganj, Bikaner, At Present Resident Of Room No. 3,
     3Rd   Floor,   Madhav    Plaza,   District   Shooping    Center,
     Sahakar Marg, Jaipur
2.   Ashok Kumar Modi S/o Hanuman Prasad Modi, Resident
     Of A-21, Sadul Ganj, Bikaner At Present Resident Of
     Room No. 3, 3Rd Floor, Madhav Plaza, District Shopping
                                                                         (2 of 2)            [SAW-533/2018]


                                              Center, Sahakar Marg, Jaipur
                                                                          ----Petitioners-Non-Appellants



                                   For Appellant(s)          :   Mr. R.B. Mathur with Mr. Nikhil
                                                                 Simlote.
                                   For Respondent(s)         :   Mr. M.M. Ranjan, Senior Counsel

assisted by Mr. Praminder Dadhich. HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE INDERJEET SINGH Order 28/09/2018

1. Learned counsel for the parties jointly submit that the two captioned appeals may be disposed of giving interim directions that the adjudicating authority may continue with the proceedings but shall not pass a final order.

2. Ordered accordingly.

3. The learned Single Judge would decide the writ petitions filed expeditiously.

(INDERJEET SINGH),J (PRADEEP NANDRAJOG),CJ MG/17-18 Powered by TCPDF (www.tcpdf.org)