Jainsons Estates Private Limited v. The Income Tax Officer, Ward - 3(2)(1) And Others

VISHALSUBHASHPAREKAR Digitally signed byVISHAL SUBHASHPAREKARDate: 2022.02.0513:14:02 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1157 OF 2021 Jainsons Estates Private Limited ...Petitioner vs.The Income Tax Officer, Ward - 3(2)(1) and Others ...Respondents Ms. Drinkle Hariya i/b. Ms. Namrata Kasale, for the Petitioner.Mr. Sham Walve, for the Respondent-Revenue. CORAM :K.R. SHRIRAM &N. J. JAMADAR, JJ. DATE : FEBRUARY 03, 2022 P.C.: .Heard. 2.Prayer in the Petition is to direct Respondent No. 2 toforthwith fix the Appeal of Petitioner pending before him forhearing, to grant proper and fair hearing to Petitioner and then topass proper order in a time bound manner. 3.This Appeal relates the assessment year 1996-97 and hasbeen lodged somewhere in 2004. In view of the directions of theIncome Tax Appellate Tribunal's order dated 27[th] August, 2004 thematter has been remanded to the Commissioner of Income Tax(Appeals) for re-hearing the appeal by considering the points noted in the order of ITAT. Petitioner's grievance is the appeal has beennow pending for 17 years. Mr. Walve in fairness states that theCourt may fix the time limit within which the appeal to be heardand disposed. 4.Since the appeal has been pending for 17 years, we woulddirect the concerned authority to hear the appeal and pass an orderwithin six weeks from the date this order is uploaded. 5.The concerned authority shall give a personal hearing toPetitioner and notice of hearing shall be given at least one week inadvance. 6.If the concerned authority is going to rely on any judgment ororder of any Court or Tribunal, copy thereof shall be provided inadvance so that the Petitioner will be able to deal with /distinguishit during the personal hearing. 7.Petition accordingly disposed. (N. J. JAMADAR, J.) (K. R. SHRIRAM, J.)