Sanghvi Woods Ltd.mumbai v. Assistant Commissioner Of Incometax, Central Cir 33, Mumbai And Ors

:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.434 OF 2006 WRIT PETITION NO.434 OF 2006 Hindustan Pencils Ltd.Mumbai.V/sAssistant Commissioner of IncomeTax, Central Cir 33, Mumbai and Ors. .. Respondents----- WITH WRIT PETITION NO.435 OF 2006 Sanghvi Woods Ltd.Mumbai. V/s Assistant Commissioner of IncomeTax, Central Cir 33, Mumbai and Ors. .. Respondents-----WITHWRIT PETITION NO.436 OF 2006Hindustan Pencils Ltd.Mumbai.V/sAssistant Commissioner of IncomeTax, Central Cir 33, Mumbai and Ors. .. Respondents----- WRIT PETITION NO.436 OF 2006 WITH WRIT PETITION NO.437 OF 2006 Kirti Stationers (P) Ltd.Mumbai.V/sAssistant Commissioner of IncomeTax, Central Cir 33, Mumbai and Ors. .. Respondents-----WITHWRIT PETITION NO.438 OF 2006Sanghvi Woods Ltd.Mumbai. WITHWRIT PETITION NO.438 OF 2006 V/s Assistant Commissioner of IncomeTax, Central Cir 33, Mumbai and Ors. .. Respondents-----WITH .. Petitioner .. Petitioner .. Petitioner .. Petitioner .. Petitioner WRIT PETITION NO.439 OF 2006 Sanghvi Woods Ltd.Mumbai. V/s Assistant Commissioner of IncomeTax, Central Cir 33, Mumbai and Ors. .. Respondents ----- WITH WRIT PETITION NO.440 OF 2006 Sanghvi Woods Ltd.Mumbai. V/s Assistant Commissioner of IncomeTax, Central Cir 33, Mumbai and Ors. .. Respondents ----- WITHWRIT PETITION NO.441 OF 2006 Sanghvi Woods Ltd.Mumbai. V/s Assistant Commissioner of IncomeTax, Central Cir 33, Mumbai and Ors. .. Respondents ----- WITHWRIT PETITION NO.458 OF 2006 Kirti Stationers (P) Ltd.Mumbai. V/s Assistant Commissioner of IncomeTax, Central Cir 33, Mumbai and Ors. .. Respondents ----- .. Petitioner .. Petitioner .. Petitioner .. Petitioner Shri.J.D.Mistry i/b. Shri.Atul Jasani for thePetitioners.Shri.B.M.Chatterji with Sou.Poonam Bhosale for theRespondents. CORAM : DR.S.RADHAKRISHNAN&J.P.DEVADHAR, JJ.DATE : 28TH FEBRUARY, 2006. 1. Heard the learned Counsel for the Petitioners and the learned Counsel for the Respondents. 2. Rule. Rule is made returnable forthwith. The the Commissioner of Income Tax (Appeals) indicates that the Assessing Officer has callously and blindly defended the order without commenting any actual state of affairs. 3.The learned Counsel for the Respondents states that a proper report has now been sent to the Commissioner of Income Tax (Appeals). 4. Having regard to the aforesaid facts and circumstances of the case, we direct that the Respondents shall not adopt any coercive measuresagainst the Petitioners till the Commissioner of Income Tax (Appeals) decides the said appeals. Rule is made absolute in terms of above. for a period of two weeks from the date of receipt of the said order by the Petitioners. 6.All the above Writ Petitions stand disposed of in terms of the above. (DR.S.RADHAKRISHNAN,J.) (J.P.DEVADHAR,J.)