Hiltake Electronics Pvt Ltd v. Assistant Commissioner Of Income Tax And ORS

S/L 23

IN THE HIGH COURT AT CALCUTTA

03.01.2025 CIRCUIT BENCH AT JALPAIGURI Court. No. 3 APPELLATE SIDE Suvayan WPA 1902 of 2024 With CAN 1 of 2024 Hiltake Electronics Pvt. Ltd.

Vs.

Assistant Commissioner of Income Tax, Circle I, Siliguri & Ors.

Ms. Khushi Kundu ...for the petitioner.

In Re: CAN 1 of 2024 1.

This is an application for recalling the order of dismissal dated 07.11.2024.

2.

On perusal of the petition under consideration and after hearing the learned Advocate for the writ petitioner this Court is satisfied that the writ petitioner is able to make out a case to justify its absence on 07.11.2024 when the matter was called for hearing.

3.

Accordingly the prayer is allowed.

4.

The order of dismissal dated 07.11.2024 is hereby recalled.

5.

Consequently, WPA 1902 of 2024 is restored to its original number and file.

6.

Accordingly, the interim application being CAN 1 of 2024 is disposed of.

In Re: WPA 1902 of 2024 1.

By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ against the respondents for refunding a sum of Rs.

47,79,268/-. The writ petition is required to be heard.

2.

In view of such, the writ petitioner is directed to cause service of notice along with the copy of the instant writ petition upon the respondents by speed post and to file affidavit-of-service on the next date of listing.

3.

Let the matter be listed before the available Circuit Bench of March, under the heading "Adjourned Motion".

(Partha Sarathi Sen, J.)