Ashirwad Co Operative Housing Society Limited v. Income Tax Officer Ward 41(1)(1), Mumbai
by PRACHI PRANESH NANDIWADEKAR Date: 2025.05.06 11:39:09 +0530 PRACHI PRANESH NANDIWADEKAR 19.WP.657.25.DOCX PPN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 657 OF 2025 Ashirwad Co-operative Housing Society Limited ... Petitioner
Versus
Income Tax Officer, Ward-41(1)(1), Mumbai & Ors.
... Respondents ______________________________________________________ Ms. Aarti Sathe a/w Ms. Aasavari Kadam for Petitioner. Mr. Ravi Rattesar, for Respondents.
______________________________________________________ CORAM : M.S. Sonak & Jitendra Jain, JJ.
DATED : 5 MAY 2025 PC. :- 1.
Heard learned counsel for the parties.
2.
Learned counsel for the petitioner accepts that most of the reliefs in this petition have since been worked out. 3.
However, she points out that the CIT (Appeals), by its order dated 26 March 2025, has allowed the assessee's appeal concerning the assessment years 2015-16, 2018-19 and 201920. She states that till date, no orders giving effect have been made as a result of which the petitioner is deprived of considerable refund.
19.WP.657.25.DOCX 4.
Mr. Rattesar, learned counsel for the revenue states that the revenue is yet to decide on the issue of appealing the Commissioner's order.
5.
The respondents, unreasonably delay issuing orders giving effect. Therefore, we direct the respondents to pass necessary giving effect orders within 8 weeks from today unless in the meantime, any appeal is filed against the CIT order dated 26 March 2025 and some interim reliefs are obtained therein. In the absence of any interim relief, the orders giving effect and consequential refunds along with interest must be made within 8 weeks from today. 6.
This petition is disposed of in above terms without any costs order. All concerned to act on the authenticated copy of this order. The application against intimation under Section 143(1) would not survive.
(Jitendra Jain, J) (M.S. Sonak, J)