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Bombay High CourtWP/6828/2024disposed off

Udaan Builders And Developers v. Assessment Unit, Income Tax Department And ANR

2024-09-23Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

5-WP-6828-2024.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6828 OF 2024 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2024.09.27 14:00:19 +0530 Udaan Builders & Developers ... Petitioner SHRADDHA KAMLESH TALEKAR

Versus

1. Assessment Unit, Income Tax Department & Anr.

...Respondents

Ms. Ritika Agarwal i/b ACE Legal, for petitioner. Mr. Arjun Gupta, for respondent Nos. 1 and 2. _______________________

CORAM:

G. S. KULKARNI & SOMASEKHAR SUNDARESAN, JJ.

Date :

September 23, 2024 _______________________ P C :

1.

Having heard the learned counsel for the parties, we find that the core issue raised in the petition is contained in paragraph 14 of the petition, alleging arbitrariness due to duplicating the assessment of booking advance, as explained in the chart set out in said paragraph. 2.

Upon a perusal of the reply filed by the respondents, more particularly paragraph 8.10 thereof, we are unable to appreciate a precise response to the core issue raised by the petitioner. Let an additional affidavit be filed, in September 23, 2024 Shraddha Talekar PS

5-WP-6828-2024.DOC addition to what had been already stated in paragraph No. 8.10, dealing with the specific contention contained in paragraph 14, within a week from today and a copy of the same be furnished to the petitioner in advance. 3.

Stand over to 30 September, 2024.

4.

In the interregnum, the respondents shall not pass the penalty orders. (SOMASEKHAR SUNDARESAN, J.) (G. S. KULKARNI , J.) September 23, 2024 Shraddha Talekar PS