Rahul Associates (Dissolved), Mumbai v. The Income-Tax Officer-17 (2)(1),Mumbai And Anr
High Court
16 Dec 2021 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Rahul Associates (Dissolved), Mumbai v. The Income-Tax Officer-17 (2)(1),Mumbai And Anr
Date of order
16 Dec 2021
Assessment year(s)
—
Outcome
Allowed
Case summary
In Rahul Associates (Dissolved), Mumbai v. The Income-Tax Officer-17 (2)(1),Mumbai And Anr, the High Court (2021) allowed the appeal. The decision went in favour of the assessee.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.214 OF 2017
IN
WRIT PETITION NO.13 OF 2008
WITHCHAMBER SUMMONS NO.213 OF 2017INWRIT PETITION NO.16 OF 2008
WITH
CHAMBER SUMMONS NO.212 OF 2017INWRIT PETITION NO.14 OF 2008
WITHCHAMBER SUMMONS NO.209 OF 2017IN
WRIT PETITION NO.15 OF 2008
Rahul Narendrakumar Baldota and Shrenik Narendrakumar Baldota,Beneficiaries of the Rahul Associates(Dissolved), Mumbai
...Applicant
IN THE MATTER OF
Rahul Associates (Dissolved), Mumbai
...Petitioner
vs.
The Income-Tax Officer-17 (2)(1),Mumbai and Anr.
...Respondents
-----
Ms. Dinkle Hariya a/w. Ms. Namrata Kasale (New Advocates) for thePetitioner/ Applicant.
Mr. Atul K. Jasani (Earlier Advocate) for the Petitioner/Applicant for the
Petitioner.
Mr. Sham V. Walve a/w. Mr. Pritish Chatterjee for the Respondent-Revenue.-----
CORAM : K. R. SHRIRAM AND
AMIT B. BORKAR, JJ.
DATE : 16 DECEMBER 2021.
P. C. :
Chamber Summons listed today have been taken out to bringApplicants on record as Petitioner in place of original Petitioner in thepetition. The original Petitioner was a private trust which came to bedissolved in terms of a Trust Deed by efflux of time on 31/3/2011.Applicants state that based on an arrangement between beneficiaries of theTrust, assets and liabilities of Petitioner are taken over by Applicants andDeclaration-cum-Indemnity was executed in that regard on 18/2/2013.Applicants state that they are therefore entitled to prosecute the originalpetitions in their capacity as beneficiaries of the original petitioner.
2.There is an affidavit of service dated 29/9/2017. No replyopposing the Chamber Summons is filed. Therefore, the ChamberSummons are allowed. Applicants are permitted to amend the writpetitions as per the schedule annexed to the Chamber Summons.
Amendment be carried out within 4 weeks from today.
3.Petitions be listed for final hearing on 17/12/2021, thoughamendment would not have been carried out by then.
4.Chamber Summons disposed.
(AMIT B. BORKAR, J)
(K. R. SHRIRAM, J.)
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