Nitin v. The Registrar, Income Tax Appellate

Nitin IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7891 OF 2019 Rajan Bhalchandra Datar…Petitioner Versus The Registrar, Income Tax Appellate Tribunal, Mumbai and Ors. …Respondents Mr.R.Dada, Sr. Adv. a/w. Mr.M.Tally, Mr. Raj Rampal I/b. S. Mohomedbhai andCompany for the Petitioner. Mr.J.D.Mistri, Sr. Adv. a/w. Mr.Sham Walve for the Respondents. P.C.: CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ. DATE : 29TH JULY, 2019 1.Learned Senior Counsel appearing for the Petitioner, at the outset soughtpermission to withdraw the Petition. Ordinarily, we would have permitted thewithdrawal without any further remarks. 2.In facts of this case however, a few sentences may be justifed. LearnedCounsel for the department placed on record a letter dated 25th July, 2019 written by the Advocates of the Petitioner herein to the Registrar, Income Tax Appellate Tribunal, Mumbai in which in paragraph 2 certain factual assertions with respect towhat transpired in the present Petition during the previous hearing of 22[nd] July, 2019have been made. The letter dated 25th July, 2019 is taken on record and marked ‘X’ for Nitin identifcation. Learned Senior Counsel Shri Dada appearing for the Petitioner at theoutset agreed that these averments are not true to what actually transpired. Heunconditionally withdraws this communication. We also record our endorsement tothe avernments and statements made in paragraph 2 of the said communication, beingcompletely incorrect and contrary to what had transpired. We depreciate the attemptof the concerned Advocates, to twist the facts. However, in view of the statementmade before us that the said communication is being presently withdrawn, we desistfrom making any further remarks. 3.Petition disposed of as withdrawn. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J.)