Shri. Bal Jagannath Maharaj Pandit And Ors v. Hon’ble Commissioner Of Income Tax And Ors

hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAYAPPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 5129 OF 2009 Shri. Bal Jagannath Maharaj Pandit and Ors. ... Petitioners Versus Hon’ble Commissioner of Income Tax and Ors.. Respondents Mr. A.V. Anturkar with Mr. Sugandh Deshmukh for the Petitioners. Mr. A.A. Kumbhakoni with Mr. A.M. Kulkarni for Respondents. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 6th July, 2009 P.C. The Petitioner herein in terms of section 138 of the Income Tax Act have already applied for copies of the documents which are subject matter of the present petition. No order has been passed on the same till date. Respondent No. 4 appears. It is his submission that he would like to file say in the matter. Considering the controversy, in our opinion, as section 138 discloses power in the competent authority and the application is made to the competent authority this petition can be disposed of by directing the competent authority to pass appropriate orders at any rate not latter than four weeks from today. If the respondent No. 4 herein applies to the competent authority that he be heard before the order is passed on his application be also considered. With the above observations, petition disposed of. (J.H. BHATIA,J.) (F.I. REBELLO,J.)