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Bombay High CourtWP/868/2016disposed off

Vinod R. Jadhav v. Income Tax Settlement Commission, Additional Bench- I And ORS.

2016-01-20Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice M.S. Sanklecha2 pages

wp-868-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 868 OF 2016 Vinod R. Jadhav ..

Petitioner v/s.

Income Tax Settlement Commission, Additional Bench-I & Others ..

Respondents.

Mr. J. D. Mistri, Sr. Advocate with Mr. Neeraj Seth and Mr. A. K. Jasani, for the Petitioner.

Mr. Tejveer Singh, for the Respondents.

CORAM: M.S.SANKLECHA, & B.P.COLABAWALLA, JJ.

DATE : 18th MARCH, 2016.

P.C:- This disposed of Petition is on board consequent to our orders dated 20th January, 2016 and 2nd March, 2016 as it appeared to us that statements made on instructions by the Counsel for the Revenue, were not correct.

We perused the affidavit filed by Mr. Anand Bhaskar, Dy. Commissioner of Income Tax, Pune as well as the statements of Mr. Anand Bhaskar, Assessing Officer and Mr. Tejveer Singh recorded by Mr. F. M. Mohanty, Vice Chairman of the Commission, handed over to us in sealed cover.

It appears that there was a miscommunication which could be avoided. However, without going into it further, we are closing the issue. It needs to be observed that Counsel appearing for the Revenue to be S.R.JOSHI

wp-868-2016 more careful while making statement on the basis of instructions received from their Officers. This is particularly so as the practice of this Court is to accept statements made by the Counsel of the Court, without demur. (B.P.COLABAWALLA,J.) (M.S.SANKLECHA,J.) S.R.JOSHI