In Santosh Subhashappa Mukta v. The Asstt Commissioner Of Income Tax Central Cir 2 Aurangabad And Others, the High Court (2018) decided the matter.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD
1014 WRIT PETITION NO. 9923 OF 2018
with1017 WRIT PETITION NO. 9930 OF 2018with911 WRIT PETITION NO. 7456 OF 2018with912 WRIT PETITION NO. 7457 OF 2018with913 WRIT PETITION NO. 7458 OF 2018with
914 WRIT PETITION NO. 7463 OF 2018
SANTOSH SUBHASHAPPA MUKTA
VERSUS
THE ASSTT COMMISSIONER OF INCOME TAX CENTRAL CIR 2 AURANGABAD AND OTHERS
...
Advocate for Petitioner : Mr. Chandak Raviraj R. Advocate for UOI : Mr. Alok Sharma for R/1 to 4.
...
CORAM : R.M. BORDE &MANGESH S. PATIL, JJ.DATE :31.08.2018
P.C. :-
It is informed that the petitioner has already availed of an
alternate remedy of appeal and the same is pending before the Commissioner
of Income Tax (Appeal). It is further informed by the learned counsel appearing for the respondents that the scrutiny report has been drawn by the appellate authority.
2.In the circumstances, without entering into the merits of the controversy the ends of justice would be met in directing the Commissioner of Income Tax (Appeal) to decide the pending appeal presented by the petitioner as expeditiously as possible and preferably within a period of three months from today and it is accordingly directed. Writ petitions are accordingly disposed of.
[MANGESH S. PATIL, J.]
[R.M. BORDE, J.]
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