M/S. New Lakshmi Jewellers v. The Dy. Director Of Income Tax (Inv) & Ors

R.M. AMBERKAR (Private Secretary) IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J. WRIT PETITION NO. 1202 OF 2019 M/s. New Lakshmi Jewellers ..Petitioner Versus The Dy. Director of Income Tax (Inv) & Ors...Respondents ................... Mr. Sushant Murthy a/w Ms. Shyamli Hajela i/by H & M LegalAssociates for the PetitionerMr. Sushant Murthy a/w Ms. Shyamli Hajela i/by H & M LegalAssociates for the Petitioner Mr. Suresh Kumar for Respondent No. 1Mr. Suresh Kumar for Respondent No. 1 Mr. Fraser Alexander for Respondent No. 5Mr. Fraser Alexander for Respondent No. 5 ................... CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ. DATE : JUNE 24, 2019. P.C.: 1.The above Writ Petition is filed by the petitioner seekingdirections against the respondents to release 7 Kgs. of goldbelonging to the petitioner and seized from Shri. GauravSurana. The petition has also sought further directions notto include the petitioner's stock-in-trade in the assessment ofGaurav Surana. The petitioner has annexed an applicationdated 4.10.2017 made to the Principal Commissioner ofIncome Tax - 32 seeking redressal of their grievance. Theyhave stated in the Writ Petition that the Principal Commissioner has failed to decide the application even after23 months. The petitioner has through his Advocate,therefore, prayed for appropriate reliefs. 2.In view of the above, it would be appropriate to issuenecessary directions to the Principal Commissioner of IncomeTax -32 to decide the application filed by the petitioner dated4.10.2017 at the earliest. In the circumstances, the followingorder is passed:- (i) The Principal Commissioner of Income Tax - 32 is directed to dispose of the application dated4.10.2017 filed by the petitioner and pendingsince the last several months, within a period ofsix weeks from the date of this order. 4.10.2017 filed by the petitioner and pendingsince the last several months, within a period ofsix weeks from the date of this order. (ii) The Principal Commissioner shall give personalhearing to the petitioner if they so desire. hearing to the petitioner if they so desire. 3.All contentions of the parties are kept open. 4.The Petition is disposed of. 4.The Petition is disposed of. [ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ]