Lata Holdings Private Limited Through Director Sachin Bhuwalka v. Union Of India Through Secretary Ministry Of Finance

1/2 460-WP-1719-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by PURTI PRASAD PARAB Date:

2024.04.18 16:05:26 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB WRIT PETITION NO. 1719 OF 2023 Lata Holdings Private Limited Through Director Sachin Bhuwalka ....Petitioner V/s.

Union of India Through Secretary Ministry of Finance

...Respondent

---- Mr. Sunil Mukhi a/w Ms. Simran Lobo i/b Krishna & Saurastri Associates LLP for Petitioner.

Mr. Subir Kumar a/w Mr. Abhinav Palsikar for Respondents-Revenue. ---- CORAM : K.R. SHRIRAM & DR. NEELA GOKHALE, JJ.

DATED : 16th APRIL 2024 P.C. :

1.

Assessee has already filed an appeal against the impugned Assessment Order dated 28th March 2022. In view of the peculiar facts and circumstances of the case, in our view it is a fit case to expedite the appeal. The Commissioner of Income Tax (Appeal) shall disposed Appeal Acknowledgment No. 595242300230422 expeditiously and in any case on or before 31st July 2024.

2.

In the reply dated 1st October 2021 that petitioner had filed to the notice issued under Section 148 of the Income Tax Act, 1961 (the Act), petitioner had made a categorical statement that it had not entered into a transaction with companies mentioned in the reasons recorded, i.e., Ruby Purti Parab

2/2 460-WP-1719-2023.doc Tracom Pvt. Ltd. Petitioner also has stated that the information is not provided about the name of the party with whom petitioner entered into unexplained high value transaction of Rs.60 Lakhs. 3.

In the order disposing objections or in the Assessment Order there is no reference to any of these points raised by petitioner. Therefore, on or before 15th May 2024 petitioner shall be provided evidence to show that petitioner had transaction with Ruby Tracom Pvt. Ltd. and the entities with whom petitioner had high value transaction of Rs.60 Lakhs. On or before 15th June 2024 petitioner may file further grounds in the appeal. 4.

Petition disposed.

5.

We clarify that we have not made any observations on the merits of the matter.

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