Pvt. Ltd v. The Assistant Commissioner Of Income

1 mca171-19-14-02-19 Santosh IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO.171 OF 2019IN WRIT PETITION NO.178 OF 2015 Sociedade de Fomento Industrial Pvt. Ltd. ….. Applicant. Versus The Assistant Commissioner of Income Tax and others. …... Respondents. Mr. S. S. Kantak, Senior Advocate with Ms. Swati S. Kamat Wagh, Advocate for the Applicant. Ms. Susan Linhares, Junior Central Govt. Standing Counsel for the Respondents. Coram : M.S. Sonak & Prithviraj K. Chavan, JJ. Date : 14 February 2019. P.C.: 1. The learned Counsel for the parties state that they have noobjection to this Bench taking up this Application. 2. Heard Mr. S.S. Kantak, learned Senior Advocate, with Ms. Swati Kamat Wagh for the Applicant and Ms. Susan Linhares, learned Standing Counsel for the Respondents. 3. By this Civil Application, the Applicant seeks the following 2 mca171-19-14-02-19 reliefs : “a) This Hon'ble Court be pleased to modify the Orderdated 08.05.2015, by relieving the Applicant from theobligation of furnishing any Bank Guarantee from the dateof this application, in respect of reassessment proceedingsfor AYs 2008-09 to 2011-12; b) In the alternative, this Hon'ble Court be pleased topermit the Applicant to furnish Bank Guarantee of anyScheduled Bank instead of a Nationalized Bank by orderingthat the word “Nationalized” in para 9 of the Order dated08.05.2015 be replaced and substituted by the word“Scheduled”; c) Pass such other and further Orders, as this Hon'bleCourt deems fit and proper”. 4.Mr. Kantak, learned Senior Advocate for the Applicants, onthe basis of the instructions, makes a statement that the Applicants donot press the relief in terms of prayer clause (a), at this stage. 5.In so far as the relief in terms of prayer clause (b) isconcerned, Ms. Linhares, learned Standing Counsel, on the basis ofthe instructions, states that she has no objection if the same isgranted. 6.Mr Kantak, learned Senior Advocate for the Applicantstates that the Applicants will furnish Bank Guarantee from ICICIBank. 3 mca171-19-14-02-19 7.Accordingly, this Misc. Civil Application is made absolutein terms of prayer clause (b) as aforesaid. The Applicants arepermitted to furnish the Bank Guarantee from ICICI Bank, which isstated to be a Scheduled Bank. 8. The Misc. Civil Application is disposed of in the aforesaid terms. (Prithviraj K. Chavan, J.) (M.S. Sonak, J.)