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Amit Sharma Son Of Shri Prem Prakash Sharma v. Union Of India

High Court 10 May 2017 In favour of: Assessee
Forum / Bench
High Court · jaipur
Parties
Amit Sharma Son Of Shri Prem Prakash Sharma v. Union Of India
Date of order
10 May 2017
Assessment year(s)
Outcome
Allowed

Case summary

In Amit Sharma Son Of Shri Prem Prakash Sharma v. Union Of India, the High Court (2017) allowed the appeal. The decision went in favour of the assessee.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

The order — as passed by the High Court

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR D.B. Civil Restoration Application No.239/2017In D.B. Civil Writ Petition No.7069/2010 Amit Sharma son of Shri Prem Prakash Sharma Aged About 30years, Resident of A-27, Sen Colony, Power House Road, BaniPark, Jaipur (Raj.). ----Petitioner Versus 1. Union Of India through the Secretary to the Government ofIndia, Ministry of Finance, Department of Revenue, New Delhi.2. Director General of Income Tax (Investigation) N.C.R. Building,Statue Circle, Jaipur. 3. Director of Income Tax, C.I.B. (Central Information Branch),N.C.R. Building Statue Circle, Jaipur. 4. Central Administrative Tribunal through its Registrar, JaipurBench, Jaipur. ----Non Petitioner/Respondents _____________________________________________________ For Appellant(s) : Sh. Neeraj Sharma Adv.For Respondent(s) : Sh. R.B. Mathur Adv. _____________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGIHON'BLE MR. JUSTICE DINESH CHANDRA SOMANIOrder 10/05/2017 Defects pointed out by the office stand overruled. Application has been for recalling/restoration of the writpetition which was dismissed by this Court for non-prosecutionvide order dt.5-4-2016. After taking note of the submissions made, we find thatsufficient justification has been offered for restoration of the writpetition. Accordingly, the restoration application stands allowed andthe order dt.5-4-2016 is recalled and the writ petition is restoredto its original number. Heard counsel for the parties on writ petition. Both the counsel jointly submits that the self same questionwhich has been raised in the instant petition, came to be examined & decided by this Court in D.B. Civil Writ Petition No.5566/2010 (Laxminarain Meena Vs. Union of India & Ors.) &other connected petitions, vide judgment dt.21-7-2015. This Court in the judgment (supra) observed as under :- “Since the question has already been examinedand decided by a Coordinate Division Bench ofthis court, no more lis is res integra to beexamined and keeping in view the order of theDivision Bench referred to we consider itappropriate to dispose of the instant batch of writpetitions accordingly, and all these writpetitioners are entitled to the same relief, mutatismutandis, as granted by the Division Bench in itsjudgment dated 19.3.2015.” In view of the joint statement made by both the counsel, the present D.B. Civil Writ Petition No.7069/2010 in the light of theterms mutatis mutandis referred to in the judgment (supra),stands disposed of. Copy of the order be separately placed in D.B.Civil Writ Petition No.7069/2010 as well as restoration application. (DINESH CHANDRA SOMANI),J. (AJAY RASTOGI),J. -Shekhawatvs/C1
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