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Bombay High CourtWP/2058/2019disposed offdismissed for default

Shri. Shrihari Hamant Navrange v. Income Tax Officer Latur And ORS

2019-03-06Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) wp2058.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2058 OF 2019 SHRI. SHRIHARI HAMANT NAVRANGE

VERSUS

INCOME TAX OFFICER LATUR AND ORS Mr.Ravindra R. Chandak, Advocate for the petitioner Smt.Kalpalata Bharaswadkar Patil, Advocate for the respondent Nos. 1 to 3 CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

06.03.2019 P.C. :- .

The petitioner is before this Court challenging the order passed by respondent No.2 dated 02.04.2018. In identical circumstance and in the order passed by respondent No.2 on the very date i.e. 02.04.2018 certain other petitioners had approached this Court in a bunch of petitions namely writ petition No.11289/2018 and other writ petitions. Smt.Bharaswadkar, learned counsel appearing for respondent Nos.1 to 3 admits this fact situation.

2.

In view of this facts, we see no reason to take a different view than the view adopted by the Division Bench of this Court dated 12.02.2019 while disposing the

( 2 ) wp2058.19 bunch of writ petitions.

3.

Accordingly, the petitions are disposed of with following order:

.

The impugned order dated 02.04.2018 passed by respondent No.2 on stay application is set aside on condition that the petitioner deposit 25% of the amount assessed by the Assessing Officer before the Commissioner of Appeals within a period of six weeks from today. On deposit of the amount, the bank account of the petitioner shall be released from attachment. The Commissioner of Appeal shall endeavor to decide the application for condonation of delay and depending upon the order passed in application for condonation of delay, the appeals, expeditiously. The parties shall appear before the Commissioner of Appeal on 03.04.2019. The Commissioner of Appeal shall thereafter decide the application for condonation of delay within a period of three months from the date of appearance of the petitioner and depending upon the order passed in the application for condonation of delay, the appeals also expeditiously. The writ petition is accordingly disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] VishalK/wp2058.19