Shanti Gold & Ors v. Joint Commissioner Of

1 Sequeira IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 426 OF 2014 Shanti Gold & ors. .. Petitioners Vs Joint Commissioner of Income Tax 20 (3) and ors. .. Respondents Mr.Ajay R.Singh a/w Mr.Rahul R.Sarda, for Petitioners.Ms.S.V.Bharucha, for Respondent Nos.1, 2, 4, 5 & 6.Mr.Arvind Pinto, for Respondent No.3. CORAM: M.S.SANKLECHA, J. & N.M.JAMDAR, J. Wednesday 20 August, 2014 P.C.: Mr.Ajay Singh, learned counsel appearing for the Petitioners states that the bank guarantee of Rs.52,00,000/- dated 13 June 2014 submitted to the Prothonotary and Senior Master, has been returned to them. The Petitioners have filed fresh bank guarantee of an equivalent amount of Rs.52,00,000/- dated 11 August 2014 with the Commissioner, Income Tax being the security for the seized jewellery which has been returned to the Petitioner, pending adjudication by the Assessing Officer. 2.In view of the above, he seeks liberty to withdraw the present petition as the issues raised in the petition would now be a subject matter of determination before the Assessing Officer. 2 3.Accordingly, petition is disposed of in above terms as infructuous. No order as to costs. (N.M.JAMDAR, J.) (M.S.SANKLECHA, J.)