M/S. Swastik Estate Through Partners v. The Deputy Commissioner Of Income Tax, Central Circle -2 And ORS

11428-16-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11428 OF 2016 M/s. Swastik Estate .. Petitioner v/s.

The Deputy Commissioner of Income Tax Central Circle-2, Thane & Ors.

.. Respondents Mr. J.D. Mistri, Senior Counsel a/w Mr. Madhur Agarwal i/b Atul Jasani for the petitioner Mr. Charanjeet Chanderpal a/w Ms. Swapna Tejale for the respondent CORAM : M.S. SANKLECHA & S.C. GUPTE, J.J.

DATED : 27th OCTOBER, 2016.

P.C.

1.

This petition challenges the assessment orders passed under Sections 154 r/w Sections 143(a) and 143(b) of the Income Tax Act, 1961 (the Act) for Assessment Years 2011-12 to 2015-16. 2.

Mr. Mistri, learned Senior Counsel appearing for the petitioner states that after filing of this petition, they have filed appeals from the impugned orders for Assessment Years 2011-12 to 2015-16 before the Commissioner of Income Tax (Appeals).

Uday S. Jagtap

11428-16-wp.doc 3.

Mr. Chanderpal, learned Counsel for the Revenue very fairly on instructions states that the appeals of the petitioner filed with the Commissioner of Income Tax (Appeals) would be decided expeditiously. Mr. Chanderpal further states that as presently advised, the Revenue is not likely to adopt any coercive measures in respect of the pending appeals. However, in case the Revenue decides to take any coercive steps for recovery of its dues against the petitioner, the same would be done after giving appropriate notice to the petitioner on the same and hearing the petitioner.

4.

In view of the statement made on behalf of the Revenue, Mr. Mistri, learned Senior Counsel for the petitioner seeks to withdraw this petition.

5.

The petition is dismissed as withdrawn. No order as to costs. (S.C. GUPTE, J.) (M.S. SANKLECHA, J.) Uday S. Jagtap