Chandrashekhar Ashok Joshi v. The Additional/ Joint Deputy/ Assitant Commissioner Of Income Tax/ Income Tax Officer And ORS

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2022.12.09 17:56:30 +0530 31-wp-9831-2022.doc VARSHA DEEPAK GAIKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9831 OF 2022 Chandrashekhar Ashok Joshi .... Petitioner

Versus

The Additional/Joint Deputy/ Assistant Commissioner of Income Tax Officer and Ors.

....Respondents --------------------- Mr. Rohan Deshpande a/w Ms. Farzeen Khambatta for Petitioner. Mr. Suresh Kumar for the Respondents.

---------------------- CORAM : DHIRAJ SINGH THAKUR AND VALMIKI SA MENEZES, JJ.

DATE : 6th DECEMBER, 2022.

P.C. :

1.

Petitioner challenges the order of assessment dated 28th September 2021, relevant to the Assessment Year 2010-11, mainly on the ground that the petitioner was not granted an opportunity of being heard when the draft assessment order was served upon the petitioner. It is admitted that the response could not be filed within the time prescribed and the draft assessment order came to be passed on 25th September 2021.

2.

Be that as it may, since the learned counsel for the petitioner states that the petitioner has already preferred an appeal, which is varsha

31-wp-9831-2022.doc pending before the CIT, and considering the fact that the present petition came to be filed much later i.e. on 28th April 2022, we are not inclined to entertain the present petition at this stage. Petition is accordingly dismissed.

[VALMIKI SA MENEZES, J.] [ DHIRAJ SINGH THAKUR, J.] varsha