Neo Sannyas Foundation v. Income Tax Officer Exemption Ward 1(2) And ANR

911-wp-1509-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1509 OF 2022 WITH WRIT PETITION NO. 1511 OF 2022 Neo Sannyas Foundation

...Petitioner

V/s.

Income Tax Officer Exemption Ward 1(2),Pune and Anr.

...Respondents

---------------- Mr. C.S. Aggarwal, Senior Counsel a/w Mr. Rohan Deshpande and Ms. Rucha Vaidya i/b Ms. Khambatta Farzeen Yezdi for the Petitioner. Mr. Suresh Kumar for the Respondents.

----------------

CORAM

:

K.R. SHRIRAM & N.R. BORKAR, JJ.

DATE :

29th April, 2022.

P.C.

1] Pursuant to the order dated 18th April, 2022, Mr. Suresh Kumar has tendered copy of letter dated 24th August, 2021. 2] Mr. Aggarwal states that since the letter itself says that the Tax Evasion Petition in this case was also closed and the information was general in nature and devoid of any merit and therefore, nonactionable, the entire basis of the reasons recorded for reopening collapses. We agree with what Mr. Aggarwal states. 3] In the circumstances, we allow the petition in terms of prayer clause (a), which reads as under:

MJ Jadhav 1/2

911-wp-1509-2022.odt "(a)Issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 and/or 227 of the Constitution of India quashing the Impugned Order dated 30.03.2021 (Exhibit A)and the Impugned letter/order dated 19.01.2022 (Exhibit B) disposing of the objections to the initiation of the reassessment proceedings of the respondent passed by respondent No.1."

4] Petition disposed.

(N.R. BORKAR, J.) (K.R. SHRIRAM, J.) MJ Jadhav 2/2