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Bombay High CourtWP/5409/2024disposed off

Ravindra Purushottam Birole (Huf) Through Its Karta Ravindra P. Birole v. Income Tax Appellate Tribunal Pune Bench Through Its Registrar

2024-12-10Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

Digitally signed by PRASHANT VILAS RANE Date:

2024.12.12 20:48:12 +0530 PRASHANT VILAS RANE 12.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5409 OF 2024 Ravindra Purushottam Birole (HUF) thr. Its Karta Ravindra P. Birole

...Petitioner

Versus

Income Tax Appellate Tribunal, Pune Bench & Ors.

...Respondents

AND WRIT PETITION NO. 5410 OF 2024 Ravindra Purushottam Birole (HUF) thr. Its Karta Ravindra P. Birole

...Petitioner

Versus

Income Tax Appellate Tribunal, Pune Bench & Ors.

...Respondents

__________ Mr. Sham Walve with Mr.Sanket Bora and Bhavik Chheda with Unnatii Thakkar i/b. SPCM Legal, for the Petitioner.

Mr. Vikas T. Khanchandani, for the Respondents. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

10 DECEMBER 2024 P.C.:

1.

After these proceedings were heard for some time, Mr. Walve, learned Counsel for the petitioner seeks leave to withdraw these petitions with liberty to raise all contentions against the principal order as passed by the Income Tax Appellate Tribunal in the proceeding of an appeal to be filed by the petitioner under Section 260A of the Income Tax Act, 1961 (for short, "the Act").

P. V. Rane

12.odt 2.

Allowed to be withdrawn with liberty as prayed for. 3.

As the petitioner was bonafide pursuing these petitions, we accept the statement as made on behalf of the petitioner that the petitioner shall file an appeal under Section 260A of the Act within a period of four weeks from today.

4.

In so far as the delay in filing such appeal is concerned, the petitioner is permitted to raise, in the delay condonation application, which may be filed along with the appeal, that the prayer for condonation of delay be considered so as to include the plea of the petitioner bonafide pursuing these petitions. All contentions of the petitioner in that regard are expressly kept open.

5.

Disposed of. No costs.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] P. V. Rane