Diwakar Infrastructure Pvt. Ltd v. Income Tax Ofïcer Ward 5 (1)(1), Mumbai & Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONWRIT PETITION NO. 3811 OF 2021 Diwakar Infrastructure Pvt. Ltd., … Petitioner. Vs. Income Tax OfÏcer Ward 5 (1)(1), Mumbai & Anr. ...Respondents.--- Mr. Rohan Deshpande, Advocate a/w. Ms. Rucha Vaidya i/by Ms.Farzeen Khambatta for the Petitioner.Mr. Akhileshwar Sharma, Advocate for Respondents - Revenue. --- CORAM : K.R. SHRIRAM & R.N. LADDHA, JJ. DATED : JANUARY 04, 2022 P.C. : (Through Video Conferencing) 1.Mr. Deshpande, for the Petitioner submits that in theobjections filed by the Petitioner to the reasons for re-opening,the Petitioner had mentioned certain statements of facts whichhave not been dealt-with in the order disposing the objections.The order dated 16[th] August, 2021 is also impugned in thispetition. 2. Having considered the order impugned, we would not saythat Mr. Deshpande is incorrect. Therefore, the order dated 16[th]August, 2021, impugned in the Petition, is quashed and setaside. Assessing OfÏcer shall consider the objections filed bythe Petitioner once again and after giving a personal hearing tothe Petitioner, he may pass such orders as he may deem fit inaccordance with law on Petitioner’s objections to re-opening.Digitally signedSHALIKRAMby SHALIKRAMPRALHADRAOPRALHADRAOBOREYBOREYDate:This exercise to be completed within six weeks from today.2022.01.0417:43:48 +0530 borey/ 3.We clarify that we have not made any observationson the merits of the matter. 4. Petition is disposed. (R.N. LADDHA,J.) (K.R. SHRIRAM, J.) .....