Deloittee Consulting India Pvt.ltd v. The Assistant Commissioner Of Income Tax, Circle-2(2), Mumbai And Others

1 of 2 WP(L).237.2014 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.237 OF 2014 Deloittee Consulting India Pvt.Ltd. Petitioner versusThe Assistant Commissioner of Income Tax,Circle-2(2), Mumbai and othersRespondents Mr.J.D.Mistry, Sr.Advocate with Mr.Atul K. Jasani for Petitioner.Mr.Suresh Kumar for Respondents. CORAM : MOHIT S. SHAH, C.J. AND M.S.SANKLECHA, J. PC : DATE : 12 February 2014 1.This petition challenges the order dated 3 January 2014 passed by the Income Tax Appellate Tribunal, `D' Bench, Mumbai (`Tribunal') on the stay application filed by the Petitioner-Assessee during pendency of the appeal for the assessment year 2005-06. The impugned order is a common order on the stay applications filed by the Petitioner for the assessment years 2004-05 and 2005-06. 2.We have passed a separate order today in Writ Petition (L) No.235 of 2014 challenging the order dated 3 January 2014 of the Tribunal, which is also impugned in this petition, since the said order of the Tribunal was a common order for A.Y.2004-05 and 2005-06. Since common issues are involved in the present petition and in Writ Petition (L) No.235 of 2014. For the reasons recorded in the order 2 of 2 WP(L).237.2014 passed today in Writ Petition (L) No.235 of 2014, we allow this writ petition insofar as the impugned order has directed the Petitioner to further deposit a sum of Rs.50.00 lakhs towards penalty imposed for the A.Y.2005-06. The other directions contained in the impugned order dated 3 January 2014 are not disturbed. The writ petition is accordingly allowed to the above extent. 3.The petition is accordingly disposed of in the above terms. No order as to costs. (CHIEF JUSTICE) MST (M.S.SANKLECHA, J.)