Pr. Commissioner Of Income Tax – 7, Mumbai v. Goldman Sachs (India) Securities Pvt. Ltd

jsn 415-wp-666-2020.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 666 OF 2020 Pr. Commissioner of Income Tax – 7, Mumbai …Petitioner Versus Goldman Sachs (India) Securities Pvt. Ltd. …Respondent ---------- Mr. Suresh Kumar for the Petitioner. Mr. Madhur Agrawal i/b. Mint & Confreres for Respondent. ---------- CORAM :K.R. SHRIRAM & R.I. CHAGLA, JJ. DATE : 13 SEPTEMBER, 2021. ORDER : 1.Mr. Suresh Kumar states that by an order dated 14thDecember, 2018, the Income Tax Appellate Tribunal granted stayagainst any action being taken against Respondent for recovery.Against that order the department filed a Miscellaneous Applicationfor recalling that order of stay. This Miscellaneous Application cameto be rejected by an order dated 3rd May, 2019, which is impugnedin this Petition. Mr. Agarwal states that main Appeal before the Income 2. 415-wp-666-2020.doc Tax Appellate Tribunal had come up for hearing sometime in lastweek at which time the departmental representative soughtadjournment and the next date fixed is sometime in October, 2021. 3.Mr Suresh Kumar states that if the Court can directIncome Tax Appellate Tribunal to dispose of the Appeal itself on thenext date of hearing or at least by 30th November, 2021, this Petitioncan be disposed of. 4.The stay has been in force for almost three years. TheMiscellaneous Application rejecting recall of the order of stay wasdismissed almost two and half years ago. The Appeal itself is ripe forhearing. In our view, interest of justice will be met if the Tribunal isrequested to dispose of the Appeal on the next date of hearing and inany case by 30th November, 2021. 4. 5.Accordingly, this Petition disposed of and the Income TaxAppellate Tribunal is requested to dispose of the Appeal on or before30th November, 2021. [R.I. CHAGLA J.] [K.R. SHRIRAM, J.]