Bombay High Court
Ram Nebhnani Huf Through Its Karta Tina ... vs Income Tax Officer, Ward 19(1)(1), ... on 17 October, 2023
Author: Neela Gokhale
Bench: K. R. Shriram, Neela Gokhale
1/2 426.WPL-18428-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.18428 OF 2023
Ram Nebhnani HUF ....Petitioner
V/s.
Income Tax Officer, Ward 19(1)(1) & Ors. ....Respondents
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Mr. Jehangir D. Mistri, Senior Advocate a/w. Mr. Harsh R. Kothari for
petitioner.
Mr. Siddharth Chandrashekhar for respondents - Revenue.
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CORAM : K. R. SHRIRAM &
NEELA GOKHALE, JJ.
DATED : 17th OCTOBER 2023 P.C. :
1 Mr. Chandrashekhar states that he was instructed only this morning but has not been made available copy of the petition. 2 We find it rather strange because the petition has been served on 26th July 2023 by hand delivery upon the office of the ITO - 19(2)(4) and office of the PCIT - 19. So also in the office of the PCCIT, Mumbai on 26th July 2023.
3 PCIT as well as PCCIT each shall file an affidavit explaining the reason why no instructions were given to the advocate until this morning when the petition was listed and why from 26 th July 2023 they did not consider it fit even to instruct an advocate - for 3 ½ months. 4 Affidavit in reply to be filed and copy served within two weeks from today.
Gauri Gaekwad 2/2 426.WPL-18428-2023.doc 5 Stand over to 6th November 2023.
6 Until 30th November 2023 there shall be ad-interim in terms of prayer clause - (d) which reads as under :
(d) that pending the hearing and final disposal of this petition, the Respondents, their successors in office, subordinates, servants and agents be restrained by an order and injunction of this Hon'ble Court from taking any steps pursuant to the impugned assessment order dated 16th May 2023, the impugned demand notice dated 16th May 2023 and the impugned penalty notice dated 16th May 2023 for the Assessment Year 2014-15.
(NEELA GOKHALE, J.) (K. R. SHRIRAM, J.) Signed by: Gauri A. Gaekwad Gauri Gaekwad Designation: PS To Honourable Judge Date: 18/10/2023 11:39:08