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Bombay High CourtWP/3156/2017

Kalapurna Steel And Engineering Pvt. Ltd. v. Deputy Commissioner Of Income Tax-5(2) (1) And 2 ORS

2017-12-15Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice M.S. Sanklecha2 pages

3484-17-WP-L-911=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 3484 OF 2017 Kalapurna Steel and Engineering Pvt. Ltd.

.. Petitioner v/s.

Deputy Commissioner of Income Tax-5(2)(1), & Ors.

.. Respondents Mr. Percy Pardiwala, Senior Counsel a/w Mr. Madhur Agrawal i/b Venkateshwar Satyanarayan for the petitioner Mr. Tejveer Singh for the respondents CORAM : M.S. SANKLECHA & RIYAZ I. CHAGLA J.J.

DATED : 15th DECEMBER, 2017.

P.C.

1.

This petition under Article 226 of the Constitution of India challenges a Notice dated 22nd March, 2017 issued under Section 148 of the Income Tax Act, 1961 (the Act) seeking to reopen the assessment for Assessment Year 2012-13.

2.

Mr. Tejveer Singh, learned Counsel appearing for the Revenue states that as demanded by the petitioner, a copy of the information received from the Investigation Wing which forms the basis of reassessment proceedings, would be handed over to the petitioner on or before 20th December, 2017.

Uday S. Jagtap

3484-17-WP-L-911=.doc 3.

On the basis of the above statement, Mr. Pardiwala, learned Senior Counsel appearing in support of the petition, on instructions, seeks to withdraw this petition with liberty to urge the issue of reopening notice being without jurisdiction before the Authorities under the Act. Liberty granted 4.

The petition is disposed of as withdrawn along with the aforesaid liberty.

(RIYAZ I. CHAGLA, J.) (M.S. SANKLECHA, J.) Uday S. Jagtap