Fedex Express Transportation And Supply Chain Services (India) Pvt. Ltd. v. The Commissioner (Lbt), Lbt Office, Pune Municipal Corporation And ORS.

903.wp-12998.16 (civil).doc Sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.12998 OF 2016 Fedex Express Transportation and Supply Chain Services (India) Pvt. Ltd.

..Petitioner

Versus

The Commissioner (LBT), Pune Municipal Corporation & Ors.

..Respondents ...........

Mr. Rafique Dada, Senior Counsel, a/w Jitendra Jain, Sankalp Anantwar& Vishal Thakur i/b. Argus Partners for the petitioner. Mr. Abhijeet Kulkarni for the Respondent nos.1 and 2. ...........

CORAM: M. S. SANKLECHA & A. K. MENON, JJ.

DATE : 24th NOVEMBER, 2016 P.C.:

1.

This petition under Article 226 of the Constitution of India challenges the notice dated 4th November, 2016 issued by Joint Commissioner (Local Body Tax), Pune Municipal Corporation. The impugned notice demands an amount of Rs.1.48 crores being the nonpayment of local body tax under the Maharashtra Municipal Corporation Act, 1949 read with the Local Body Tax Rules. This payment is demanded alleging non-payment of tax under the Municipal Corporations Local Body Tax Amnesty Scheme 2015.

903.wp-12998.16 (civil).doc 2.

Mr. Kulkarni, on instructions of Joint Municipal Commissioner Local Body Tax (Pune Municipal Corporation) states that the impugned communication dated 4th November, 2016 is withdrawn. However, the respondent Corporation will assess the petitioner in terms of Rule 33 of the Bombay Provincial Municipal Corporation Local Body Rules, 2010 in accordance with law and thereafter raise a demand, if any. 3.

In view of the above statement, Mr. Rafique Dada, the learned Senior Counsel withdraws the petition.

4.

Accordingly, the petition is dismissed as withdrawn. No order as to costs.

(A. K. MENON, J.) (M. S. SANKLECHA, J.) Wadhwa