Star Brillian v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2406OF 2025 Star Brillian .. Petitioner

Versus

Union of India & Ors .. Respondents Mr. Rajendra, Advocates for the Petitioner.

Ms. Mamta Omle, Advocates for the Respondents. CORAM: B. P. COLABAWALLA & by ANJALI TUSHAR ASWALE Date:

2025.07.16 11:10:30 +0530 ANJALI TUSHAR ASWALE FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

The above Writ Petition is filed seeking the following reliefs:- A) This Hon'ble Court may be pleased to issue a Writ of Mandamus, or a Writ in the nature of Mandamus, or any other appropriate Writ, Order, or Direction under Article 226 of the Constitution of India, directing Respondent No. 3 to forthwith take up and dispose of the appeals for Assessment Years 200708, 2008-09, and 2012-13 within a stipulated time frame, on the basis of the material available on record, and after affording the Petitioner a personal hearing, in the event the Commissioner of Income Tax (Appeals) is not satisfied with the submissions made by the Petitioner.

B) That this Hon'ble Court may be pleased to issue a Writ, Order, or Direction under Article 226 of the Constitution of India, directing the departmental authorities not to adjust any refund arising for subsequent Assessment Years against the outstanding demand pertaining to Assessment Years 2007-08, 2008-09, and 2012-13, until the disposal of the respective appeals by the Commissioner of Income Tax (Appeals).

2.

The learned advocate appearing on behalf of the Petitioner fairly only pressed prayer clause (a) of the above Writ Petition. Since this is the limited relief sought by the Petitioner, we dispose of the above Writ Petition by directing Respondent No.3 to dispose of the Appeals of the Petitioner for Assessment Years 2008-08, 2008-09 and 2012-13 as expeditiously as possible and in any event within a period of 16 weeks from today. 3.

The Writ Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs.

4.

The Petitioner shall furnish a copy of this order to the Jurisdictional Assessing Officer to enable him to forward the same to the concerned CIT (Appeals).

5.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]