Shri. Shrihari Hamant Navrange v. Income Tax Officer Latur And Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD WRIT PETITION NO.2058 OF 2019 SHRI. SHRIHARI HAMANT NAVRANGEVERSUS INCOME TAX OFFICER LATUR AND ORS Mr.Ravindra R. Chandak, Advocate for the petitioner Smt.Kalpalata Bharaswadkar Patil, Advocate for therespondent Nos. 1 to 3 P.C. :- CORAM : PRASANNA B. VARALE &S.M.GAVHANE,JJ.DATED :06.03.2019 .The petitioner is before this Court challengingthe order passed by respondent No.2 dated 02.04.2018. Inidentical circumstance and in the order passed byrespondent No.2 on the very date i.e. 02.04.2018 certainother petitioners had approached this Court in a bunch ofpetitions namely writ petition No.11289/2018 and otherwrit petitions. Smt.Bharaswadkar, learned counselappearing for respondent Nos.1 to 3 admits this factsituation. 2.In view of this facts, we see no reason to takea different view than the view adopted by the DivisionBench of this Court dated 12.02.2019 while disposing the bunch of writ petitions. 3.Accordingly, the petitions are disposed of withfollowing order: .The impugned order dated 02.04.2018 passed byrespondent No.2 on stay application is set aside oncondition that the petitioner deposit 25% of the amountassessed by the Assessing Officer before the Commissionerof Appeals within a period of six weeks from today. Ondeposit of the amount, the bank account of the petitionershall be released from attachment. The Commissioner ofAppeal shall endeavor to decide the application forcondonation of delay and depending upon the order passedin application for condonation of delay, the appeals,expeditiously. The parties shall appear before theCommissioner of Appeal on 03.04.2019. The Commissioner ofAppeal shall thereafter decide the application forcondonation of delay within a period of three months fromthe date of appearance of the petitioner and dependingupon the order passed in the application for condonationof delay, the appeals also expeditiously. The writpetition is accordingly disposed of. [S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.]