Andrew Telecommunications India Private Limited v. Ms. Sonal L. Sonkavde, Asst. Commissioner Of Income-Tax And And 2 Ors

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 122 OF 2014 ANDREW TELECOMMUNICATIONS INDIA PRIVATE LIMITED VersusMS. SONAL L. SONKAVDE, ASST. COMMISSIONER OF INCOME-TAX AND AND 2 ORS., ... Petitioner ... Respondents Mr. P. Pardiwala, Senior Advocate with Mr. Niraj D. Sheth,Advocate for the petitioner.Ms. A. Dessai, Advocate for the respondent nos. 1 and 2. -Coram:SMT. R. S. DALVI &F. M. REIS, JJ.-Date:25th February, 2014 P.C. The petitioner has prima facie shown the requirements ofshowing this loss as on the last date of financial year with regard toits trading transactions as per the judgment in the case of CIT V/sWoodward Governor India P. Ltd. (SC), (2009) 312 ITR 254(SC). 2. Though the petitioner has pressed for stay, it is seen that thepetitioner was issued notice in respect of income tax demand on27.1.2014. The petitioner neither complied with the notice norchallenged it in appropriate forum. Consequently by letter dated14.2.2014 garnishee proceedings have been adopted in execution. Agarnishee notice has been issued upon the bank of the petitioner. Ademand draft has been issued by the bank. Counsel on behalf of therespondents makes a statement that the demand draft has beendeposited/encashed this morning. 3. In view thereof, the petitioner would be entitled for refund expeditiously, if the case of the petitioner is made out in the appeal.4. Under these circumstances, the petition has become infructuous and is accordingly dismissed. vn F. M. REIS, J. SMT. R. S. DALVI, J.