Mspl Ltd v. The Assistant Commissioner Of Income Tax, Range -1(2) Mumbai & Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1058 OF 2013 MSPL Ltd...PetitionerVs.The Assistant Commissioner ofIncome Tax, Range -1(2) Mumbai & ors....Respondents Mr. S.E. Dastur, Senior Advocate with Mr. Atul K. Jasani for the petitioner.Mr. P.C. Chhotary for respondent. P.C. CORAM : MOHIT S. SHAH, C.J. & M.S. SANKLECHA, J.DATE : 26 August 2013 By our order dated 24 July 2013 we had extended the ad-interim stay granted earlier on 17 January 2013 till 30 August 2013 on the basis that the next date of hearing before the Tribunal was going to be 29 July 2013. 2.Mr. Dastur, learned counsel for the petitioner states that the appeal is now listed for hearing tomorrow, but for the reasons which need not be detailed herein, the Tribunal will not be in a position to take up the appeal for hearing tomorrow. But the petitioner-appellant shall request the Tribunal to take up the appeal for final hearing at an early date. 3.Since the learned counsel for both the parties agree that their respective clients as well as their counter parts before the Tribunal will extend cooperation for expeditious hearing and disposal of the appeal, we are sure that the Tribunal will take up the appeal for final hearing and dispose it of before 31 October 2013. 4.In view of the above, without saying anything further, we make it clear that the ad-interim stay granted earlier on 17 January 2013 is extended upto 31 October 2013. If the Department prays for adjournment before the Tribunal and on that ground it becomes necessary for the Tribunal to extend the stay, the Tribunal will extend the stay notwithstanding this order. The parties to act on an ordinary copy of this order duly authenticated by the Associate of this Court. CHIEF JUSTICE M.S. SANKLECHA, J.