Mwh India Private Limited v. Deputy Commissioner Of Income Tax, Circle 9(2) And 4 ORS

7.WP-111.16.doc Sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1118 OF 2016 MWH India Private Limited ..Petitioner

Versus

Deputy Commissioner of Income Tax Circle 9(2) and 4 Ors.

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

Mr. Niraj Sheth a/w P. C. Tripathi i/b. Atul K. Jasani for the Petitioner. Mr. Arvind Pinto for the Respondents.

...........

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

DATE : 23RD JUNE, 2016 P.C.:

1.

This Petition challenges the orders of the Assessing Officer and the Commissioner of Income Tax refusing to grant a stay of demand consequent to the final assessment order dated 31st January, 2014 passed by the Assessing Officer under Section 143(3) read with Section 144-C of the Income Tax Act, 1961 (the Act).

2.

Mr. Sheth, the learned counsel for the petitioner states that their appeal from the order dated 31st July, 2014 of the Assessing Officer is pending with Income Tax Appellate Tribunal (the Tribunal). In the above circumstances, the petitioner seeks to withdraw this Petition and

7.WP-111.16.doc approach the Tribunal for grant of stay in the pending appeal from the order dated 31st May, 2014 in respect of A.Y. 2009-2010. 3.

Mr. Pinto, the learned counsel for the Revenue states that in case the appeal is filed as aforesaid within a period of two weeks, the Revenue would not adopt any coercive proceedings for recovery till the disposal of the stay application by the Tribunal.

4.

In the above view, the Petition is disposed of as withdrawn in the aforesaid terms.

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