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Bombay High CourtWP/2956/2019absolute

Upal Developers Private Limited v. Deputy Commissioner Of Income Tax Range-6(2) And 3 ORS

2021-12-06Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice Amit Borkar1 pages

Digitally signed by MEERA MAHESH JADHAV Date:

2021.12.10 15:22:13 +0530 1/1 406-wp-2956-19.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2956 OF 2019 Upal Developers Pvt Ltd.

..Petitioner Vs.

Deputy Commissioner of Income Tax Range-6(2), Lucknow & Ors.

..Respondents ---- Mr. P. J. Pardiwala, Senior Advocate, a/w Mr. Madhur Agrawal i/b Mr. Atul K. Jasani for Petitioner Mr. Suresh Kumar for Respondents ---- CORAM : K.R. SHRIRAM & AMIT B. BORKAR, JJ DATED : 6th DECEMBER 2021 P.C. :

Since the facts in this petition are almost identical to the facts as in Writ Petition No.2959 of 2019 which pertains to A. Y. -2012-2013, except that the figures would vary, this petition is also allowed in terms of prayer clause (a), which reads as under:

(a) That this Hon'ble Court be pleased to issue a writ of certiorari or any other writ order or direction under Article 226 of the Constitution of India calling for the records of the case leading to the issue of the impugned notice and passing of the impugned order and after going through the same and examining the question of legality thereof quash, cancel and set aside the impugned notice (Exhibit G) dated 27th March 2019 and impugned order (Exhibit K) dated 21st September 2019.

Petition disposed.

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