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Bombay High CourtWP/8707/2024disposed off

Lttle Sisters Of The Poor Sawantwadi Throu. Rosy Lopes D/O John Lopes v. The Commissioner Of Incom Tax (Exemption ) Pune And ANR

2024-07-01Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

7-WP-8707-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8707 OF 2024 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2024.07.02 15:32:16 +0530 Little Sisters of the Poor Sawantwadi Through Rosy Lopes D/o. John Lopes

...Petitioner

Versus

1. The Commissioner of Income Tax (Exemption), Pune & Anr.

...Respondents

SHRADDHA KAMLESH TALEKAR Ms. Jinita Chatterje a/w. Himanshu J. Patil, Advocate for Petitioner. Mr. A.K. Saxena, Advocate for Respondents.

CORAM

: G.S. KULKARNI & SOMASEKHAR SUNDARESAN, JJ.

DATE : JULY 01, 2024 PC :

1.

At the request of Mr. Saxena, learned counsel for the Revenue, who has been served today in the Court, stand over to 8 July, 2024, High on Board.

2.

Mr. Saxena would take instructions on the issue as raised by the Petitioner regarding on total non-application of mind in passing the impugned order and more particularly, that the notice itself was not July 01, 2024 Shraddha Talekar, PS

7-WP-8707-2024.doc received by the Petitioner prior to the returnable date, i.e., 21 August, 2024, when the hearing was fixed and it is on such assumption that the Petitioner has not responded to the notice, the impugned order was passed without the hearing the Petitioner. Mr. Saxena, however, would take instructions on such contentions as raised by the Petitioner. 3.

In the event, the Respondents intend to contest the petition, let a short reply affidavit in opposition to the petition be placed on record. We shall hear the parties on the next date since a short issue is involved. Let the reply affidavit be served on the Advocate for the Petitioner well in advance.

[ SOMASEKHAR SUNDARESAN, J.] [G.S. KULKARNI, J.] July 01, 2024 Shraddha Talekar, PS