Narshihan Dhakalo Vernekar v. Union Of India Thr The Secretary And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by PURTI PRASAD PARAB Date:

2023.08.23 17:57:44 +0530 CIVIL APPELLATE JURISDICTION PURTI PRASAD PARAB WRIT PETITION NO. 7616 OF 2023 Narshihan Dhakalo Vernekar ....Petitioner V/s.

Union of India and Ors.

...Respondents

---- Mr. Sumant Deshpande for Petitioner.

Mr. Ajeet Manwani a/w Ms. Samiksha Kanani for Respondents. ---- CORAM : K.R. SHRIRAM & DR. N.K. GOKHALE, JJ.

DATED : 23rd AUGUST 2023 P.C. :

1.

The main prayer in the petition is for Writ of Mandamus directing Respondent No.2 to grant certificate in Form 4 as specified in Rule 4(5) of the Income Declaration Scheme Rules, 2016 and also to stay the Notice dated 14th May 2022 issued under Section 148 A(b) of the Income Tax Act, 1961 (the Act), Order dated 28th July 2022 issued under Section 148 A(d) of the Act, Assessment Order dated 22nd May 2023 and Demand Notice dated 22nd May 2023.

2.

When the matter was listed on 21st August 2023 Mr. Manwani requested the matter be stood over to today so that he could take instructions. Mr. Manwani placed on record a communication dated 22nd August 2023 that he has received from the office of the Principal Commissioner of Income Tax, Pune instructing him to request the court to Purti Parab

2/2 903-WP-7616-2023.doc grant four weeks time to complete the procedure and issue Form 4 to petitioner. It is also noted in the message that office of the PCIT - 4 has already written mails to the concerned department requesting to enable "Issue Form 4" tab immediately. The said communication is taken on record and marked "X" for identification. The request is granted. It is also taken as an undertaking to complete the procedure within four weeks. 3.

In view of what is recorded herein, Mr. Deshpande seeks leave to withdraw the petition with liberty to approach in case there is breach of this undertaking given or if there is any hitch in issuance of Form 4. 4.

Petition disposed with liberty as prayed.

(DR. N.K. GOKHALE, J.) (K.R. SHRIRAM, J.) Purti Parab