Tahnee Heights Chs Ltd. v. The Union Of India And ANR.

Shiv w3867.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3867 OF 2015 Tahnee Heights CHS Ltd.

.. Petitioner.

Vs.

The Union of India & Anr.

.. Respondents.

Mr. Prakash Shah with Ms.Niyati Hakani i/b PDS Legal for the Petitioner.

Mr. A.R. Malhotra for the Respondents.

CORAM : S.C. DHARMADHIKARI AND A.K. MENON, JJ.

DATED : 20TH APRIL, 2015.

P.C. :

1.

At the request of Mr.Shah and on instructions this writ petition is allowed to be withdrawn with liberty to file an appeal before the Commissioner of Income Tax (Appeals). Mr.Shah states that such an appeal would be filed within two weeks from today. 2.

To enable the Petitioner's Advocate to file such an appeal, while granting leave to withdraw this writ petition with liberty to prosecute that appeal, we direct that for a period of four weeks from today the notice of demand under section 156 of 1/2

w3867.15 the Income Tax Act, 1961 should not be enforced and no coercive measures shall be initiated to recover the amounts which are subject matter of demand notice. This order is passed without prejudice to the rights and contentions of both sides. We clarify that we have not expressed any opinion on merits of the controversy.

(A.K. MENON,J.) (S.C. DHARMADHIKARI,J.) 2/2