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Bombay High CourtNMA/949/2017dismissed

Director Of Income Tax (International Taxation ) Ii, Mumbai v. Lucent Technologies Grl Llc And Reliance Communication Ltd (Applicant/Intervener)

2021-11-29Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice Amit Borkar3 pages

Digitally signed by GAURI AMIT GAEKWAD Date:

2021.11.30 11:55:27 +0530 1/3 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2104 OF 2011 NOTICE OF MOTION NO.3016 OF 2016 IN INCOME TAX APPEAL NO.2104 OF 2011 The Director of Income Tax (International Taxation) II ....Appellant V/s.

Lucent Technologies GRL LLC ....Respondent INCOME TAX APPEAL NO.897 OF 2014 NOTICE OF MOTION NO.947 OF 2017 IN INCOME TAX APPEAL NO.897 OF 2014 INCOME TAX APPEAL NO.915 OF 2014 NOTICE OF MOTION NO.949 OF 2017 IN INCOME TAX APPEAL NO.915 OF 2014 INCOME TAX APPEAL NO.947 OF 2014 INTERIM APPLICATION (L) NO.6874 OF 2020 IN INCOME TAX APPEAL (L) NO.3695 OF 2018 INTERIM APPLICATION (L) NO.6920 OF 2020 IN INCOME TAX APPEAL (L) NO.3081 OF 2018 INTERIM APPLICATION (L) NO.6924 OF 2020 IN INCOME TAX APPEAL (L) NO.3693 OF 2018 INCOME TAX APPEAL NO.611 OF 2020 INCOME TAX APPEAL NO.621 OF 2020 INCOME TAX APPEAL NO.612 OF 2020

2/3 CIVIL APPELLATE JURISDICTION WRIT PETITION NO.820 OF 2020 Lucent Technologies GRL LLC ....Petitioner V/s.

The Deputy Commissioner of Income Tax (International Taxation) ....Respondent ---- Mr Arvind Pinto for appellant in ITXA/897/2014, ITXA/915/2014, ITXAL/3695/2018, ITXAL/3081/2018, ITXAL/3693/2018, ITXA/611/2020, ITXA/621/2020 & ITXA/612/2020 and for applicant in IAL/6874/2020, IAL/6820/2020 and IAL/6824/2020 and for respondent in WP/820/2020. Mr P. J. Pardiwalla, Senior Advocate a/w. Mr Jas Sanghavi i/b. PDS Legal for respondent in ITXA/897/2014, ITXA/915/2014, ITXAL/3695/2018, ITXAL/ 3081/2018, ITXAL/3693/2018, ITXA/611/2020, ITXA/621/2020 & ITXA/612/2020 and for petitioner in WP/820/2020. None for applicant in NMA/3016/2016, NMA/947/2017 and NMA/949/2014.

---- CORAM : K.R. SHRIRAM & AMIT B. BORKAR, JJ.

DATED : 29th NOVEMBER 2021 P.C. :

NOTICE OF MOTION NO.3016 OF 2016 None appearing for applicant.

Notice of motion dismissed.

NOTICE OF MOTION NO.947 OF 2017 None appearing for applicant.

Notice of motion dismissed.

NOTICE OF MOTION NO.949 OF 2017 None appearing for applicant.

Notice of motion dismissed.

3/3 INTERIM APPLICATION (L) NO.6874 OF 2020 INTERIM APPLICATION (L) NO.6920 OF 2020 INTERIM APPLICATION (L) NO.6924 OF 2020 Mr. Pinto seeks leave of the Court to file a further affidavit in support of the interim applications and undertakes to give better particulars in that affidavit and also make an attempt to explain each days delay with details.

This affidavit shall be personally filed by the Principal Commissioner of Income Tax and not by any Assistant Commissioner of Income Tax on his behalf. We make it clear that we do not appreciate applicant asking a junior officer to file applications and henceforth, no interim application will be entertained unless applicant himself signs and verifies the interim application. The affidavit shall be filed and copy served on or before 4th December 2021, failing which these interim applications will stand dismissed without further reference to this Court. \ If such affidavits are filed, then the entire bunch of matters remaining as listed today, shall be listed for admission on 7th December 2021 alongwith Writ Petition No.820 of 2020 on which date Writ Petition No.820 of 2020 will be heard first.

(AMIT B. BORKAR, J.) (K.R. SHRIRAM, J.)