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Bombay High CourtWP/18553/2024rule made absolute

Kisanrao Dhavaji Rathod v. Assistant Commissioner Of Income Tax Central Circle 1(3)

2025-01-15Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

507-ASWP-18553-2024+.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18553 OF 2024 WITH WRIT PETITION NO. 18554 OF 2024 Kisanrao Dhavaji Rathod

...Petitioner

Versus

Assistant Commissioner of Income Tax Central Circle 1(3)

...Respondent

______________________________________________________ Mr Tanzil R Padvekar, with Ms Tejal P Kharkar, for the Petitioner.

AMOL PREMNATH JADHAV None for the Respondent.

______________________________________________________ AMOL PREMNATH JADHAV Date: 2025.01.16 11:33:16 +0530

CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

15 January 2025 PC:- 1.

Heard Mr Padvekar for the Petitioner.

2.

Learned Counsel for the parties state that similar Petitions have been admitted by this Court. The learned Counsel for the Petitioners refers to the decision of the Coordinate bench of this Court in J D Printers Pvt Ltd Vs. The Income Tax Officer - 15(1)(2) & Ors1 which was admitted on 10 September 2024 and interim relief was also granted. 3.

Accordingly, we issue Rule in these Petitions. Writ Petition No. 12187 of 2024

507-ASWP-18553-2024+.DOCX 4.

The learned Counsel for the Petitioner will have to serve the Rule on the Respondent and file affidavit of service. 5.

Pending hearing and final disposal of these Petitions, there shall be stay on impugned notice dated 27 July 2022 and further proceedings arising under the said notice. 6.

Tagg these matters with Writ Petition No. 63 of 2025. 7.

Liberty to the parties to apply after appropriate orders are passed by the Hon'ble Supreme Court and/or final decision of the Hon'ble Supreme Court in the challenge to this Court's decision in Hexaware Technologies Limited Vs Assistant Commissioner of Income Tax & 4 Ors2 (Jitendra Jain, J) (M.S. Sonak, J) (2024) 464 ITR 430