Sharayu Khot v. Comissioner Of Income Tax (Appeals) 12,…Respondentspune & Ors

Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTION WRIT PETITION (L) NO. 36390 OF 2017 Kavita Infrastructure Pvt.Ltd.…Petitioner versus Comissioner of Income Tax (Appeals) 12,…RespondentsPune & Ors. ---------- Mr. Mihir Naniwadekar, a/w Mr. Rohan Deshpande, for thePetitioner. Ms. Namita Shirke, a/w Ms. Hardeep Kaur, a/w Mr. CharanjeetChanderpal, for the Respondents. ---------- CORAM :M.S. SANKLECHA &RIYAZ I. CHAGLA, JJ. DATE : 19 January 2018 ORDER : 1.This Petition under Article 226 of the Constitution of India challenges the order dated 30 November 2017 passed by 924-WPL-36390-17.doc the Respondent No. 1-Commissioner of Income Tax (Appeals).By the impugned order, the Petitioner's Application for stay ofthe order dated 18 march 2016 passed by the Assessing Officerrelating to assessment year 2008-09, was rejected. 2.Ms. Shirke, learned Counsel appearing for the Revenue, on instructions states that Respondent No. 1-Commissioner of Income Tax (Appeals) will hear the Petitioneron the stay application, if a fresh application for the stay of theorder dated 18 March 2016 passed by the Assessing Officer isfiled within the period of one week from today. 3.On instruction, it is further stated that theCommissioner of Income Tax (Appeals) will decide the samewithin a further period of four weeks. Further, till disposal ofthe stay application, if filed, the Revenue will not adopt anyrecovery proceedings in respect of the Petitioner's dues for thesubject assessment year. 924-WPL-36390-17.doc 4.In view of the above, the Petition is disposed of interms of the above statement. [RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.]