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Bombay High CourtWP/12592/2024disposed off

Siddhi Real Estate Developers v. Assistant Commissioner Of State Tax

2024-09-09Hon'Ble Shri Justice Jitendra Shantilal Jain , Hon'Ble Shri Justice K.R. Shriram2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB CIVIL APPELLATE JURISDICTION PURTI PRASAD PARAB Date: 2024.09.10 15:05:06 +0530 WRIT PETITION NO. 12592 OF 2024 Siddhi Real Estate Developers ....Petitioner V/s.

Assistant Commissioner of State Tax and Anr.

...Respondents

---- Mr. Bharat Raichandani a/w Mr. Rahul Hakani and Ms. Neelam Prasad i/b Mr. Vishesh Srivastav for Petitioner.

Ms. S.D. Vyas, Addl. G.P. a/w Mr. M.M. Pabale, AGP for State. ---- CORAM : K.R. SHRIRAM & JITENDRA JAIN, JJ.

DATED : 9th SEPTEMBER 2024 P.C. :

1.

After the petition was heard for some time, Mr. Raichandani on instructions sought leave of the court to withdraw the petition with liberty to file a reply to the Show Cause Notice dated 5th August 2024 by raising all grounds in the reply. The reply shall be filed by 30th September 2024. 2.

Show Cause Notice shall be adjudicated on or before 30th November 2024 by passing a reasoned order dealing with all submissions of petitioner.

3.

Before passing any order, petitioner will be given a personal hearing, notice whereof shall be communicated atleast 5 working days in advance. If the Assessing Officer is going to rely on any judgment/order of Purti Parab

2/2 17-WP-12592-2024.doc any Court or Tribunal, a list thereof shall be made available to petitioner in advance before the personal hearing so that petitioner will be able to deal with the same/distinguish the same during the personal hearing. Should, petitioner wish to file written submission to record what transpired during the personal hearing, petitioner may file the written submission within three working days of the completion of personal hearing. 4.

Petition disposed.

5.

All rights and contentions are kept open.

6.

We clarify that we he not made any observations on the merits of the matter.

7.

In view of the above, Mr. Raichandani states that petitioner be granted leave to withdraw Writ Petition (ST) No. 21177 of 2024 which is referred to in Paragraph No. 15 of the petition as the same is infructuous. 8.

Writ Petition (ST) No. 21177 of 2024 dismissed as withdrawn. (JITENDRA JAIN, J.) (K.R. SHRIRAM, J.) Purti Parab