Kavita Luckwani v. The Income Tax Office Ward-2(2) Kalyan, And ORS

Sayyed 25-WP.7.2025.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7 OF 2025 WRIT PETITION NO.7 OF 2025 Kavita Luckwani Kavita Luckwani ...

...Petitioner

Petitioner

Versus

Versus

The Income Tax Office Ward-2(2), The Income Tax Office Ward-2(2), Kalyan & Ors.

Kalyan & Ors.

...

...Respondents

Respondents _____________________________________________________ Mr. Dharan V. Gandhi for the Petitioner.

Mr. Dharan V. Gandhi for the Petitioner.

Mr. Akhileshwar Sharma for the Respondents.

Mr. Akhileshwar Sharma for the Respondents.

_____________________________________________________ CORAM :

M. S. Sonak & Jitendra Jain, JJ.

DATED : 24 February 2025 PC.:- 1.

Heard learned counsel for the parties.

Heard learned counsel for the parties.

2.

Learned counsel for the parties state that similar Petitions Learned counsel for the parties state that similar Petitions have been admitted by this Court. The learned counsel for the Petitioner have been admitted by this Court. The learned counsel for the Petitioner refers to the decision of the Coordinate Bench of this Court in refers to the decision of the Coordinate Bench of this Court in J D J D Printers Pvt Ltd Vs. The Income Tax Officer - 15(1)(2) & Ors. Printers Pvt Ltd Vs. The Income Tax Officer - 15(1)(2) & Ors. 1 which which was admitted on 10 September 2024 and interim relief was also was admitted on 10 September 2024 and interim relief was also granted.

granted.

3.

Accordingly, we issue Rule in this Petition. The learned Accordingly, we issue Rule in this Petition. The learned counsel for the Respondents waive service after Rule. counsel for the Respondents waive service after Rule. 4.

Pending the hearing and final disposal of this Petition, there Pending the hearing and final disposal of this Petition, there shall be a stay to the impugned notice under Section 148 of the Income shall be a stay to the impugned notice under Section 148 of the Income Tax Act, 1961 and other proceedings arising under the said notice are Tax Act, 1961 and other proceedings arising under the said notice are also stayed.

also stayed.

Writ Petition No.12187 of 2024

Sayyed 25-WP.7.2025.docx 5.

Learned counsel for the Respondent tenders affidavit-in-reply. Learned counsel for the Respondent tenders affidavit-in-reply. Learned counsel for the Petitioner seeks leave to file rejoinder. Leave is Learned counsel for the Petitioner seeks leave to file rejoinder. Leave is granted. Such rejoinder should be filed and served within four weeks granted. Such rejoinder should be filed and served within four weeks from today.

from today.

6.

Tag this matter with Writ Petition No.12187 of 2024. Tag this matter with Writ Petition No.12187 of 2024. 7.

Liberty to the parties to apply after appropriate orders are Liberty to the parties to apply after appropriate orders are passed by Hon'ble Supreme Court and / or final decision of the Hon'ble passed by Hon'ble Supreme Court and / or final decision of the Hon'ble Supreme Court in the challenge to this Court's decision in Supreme Court in the challenge to this Court's decision in Hexaware Hexaware Technologies Limited Vs Assistant Commissioner of Income Tax & Ors. Technologies Limited Vs Assistant Commissioner of Income Tax & Ors.2. (Jitendra Jain, J.) (M. S. Sonak, J.) (2024) 464 ITR 43 Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 25/02/2025 11:07:24