Devang Lalji Shah, Mumbai 400 056 … v. The Income Tax Appellate Tribunal, Mumbai 400 020 And Others …

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.216 OF 2016 Devang Lalji Shah, Mumbai 400 056 … Petitioner v/sThe Income Tax Appellate Tribunal,Mumbai 400 020 and others … Respondents Mr Vipul B. Joshi with Mr Nishit M. Gandhi for Petitioner. Mr Ashok N. Kotangale with Mr Arun D. Nagarjun for Respondents. CORAM: M.S. SANKLECHA AND B.P. COLABAWALLA JJ. DATE : 3RD MARCH, 2016 B.P. COLABAWALLA JJ. P.C.:- 1. This Petition challenges an order dated 26[th ]November 2014 passed by the Income Tax Appellate Tribunal, Mumbai (the Tribunal). By the impugned order, the Petitioner's Application for rectification of the order under section 252(2) of the Income Tax Act 1961 (the act) seeking to rectify an order dated 13[th] November 2013 passed under section 256(1) of the Act was rejected. 2.After the Petition was argued for some time, Mr Joshi, learned counsel for the Petitioner seeks leave to withdraw this Petition with liberty to file an Appeal under section 260A of the Act alongwith condonation of delay application. 3.Petition is dismissed as withdrawn with liberty as prayed. No order as to costs. (B.P.COLABAWALLA, J.) (M.S. SANKLECHA, J.)