Bombay High Court
Ekta Shakti Developers And 5 Ors vs Union Of India Through The Secretary ... on 17 October, 2019
Author: Nitin Jamdar
Bench: M.S.Sanklecha, Nitin Jamdar
1 904 WP 2754-19.doc
Sequeira
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2754 OF 2019
Ekta Shakti Developers & Ors. .. Petitioners
Vs
The Union of India and Ors. .. Respondents
Mr.Naresh Jain a/w Ms.Laxmi Rungta i/b Agrud Partners, for
Petitioners.
CORAM : M.S.SANKLECHA &
NITIN JAMDAR, JJ.
Date : 17 October 2019.
P.C. :
None appears for the Respondents despite intimation. Mr.Jain undertakes to file affidavit of service during the course of today.
2. This Petition challenges the order dated 9 August 2019 passed by the respondent No.2- Deputy Commissioner of Income Tax sanctioning prosecution under section 279 of the Income Tax Act, 1961( Act). It is the case of the Petitioners that the sanction has been granted in the face of the orders of the Apex Court in K.C.Builder Vs. ACIT [2004] 135 taxman 461(SC) and the decision of the Bombay High Court in SBI DFHI Ltd. vs. ACIT 2(1) ::: Uploaded on - 17/10/2019 ::: Downloaded on - 18/10/2019 06:12:06 ::: 2 904 WP 2754-19.doc Mumbai, in Income Tax Appeal No.157 of 2017 rendered on 23 March 2018. This as the penalty under section 271(1)(c) has been deleted in the case of the Petitioners by the Tribunal.
3. The Petitioners seek a stay of the impugned order dated 9 August 2019. However, before granting any such relief it would be necessary to hear the Respondents. In the above view this Petition is kept for admission tomorrow. The Petitioners once more to serve the Respondents a copy of the Petition along with copy of this order.
Stand over to 18 October 2019.
(NITIN JAMDAR, J.) (M.S.SANKLECHA, J.)
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