S.j.kathawalla, Jj v. Tata

Priya Soparkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1550 OF 2019 The Commissioner of Income Tax (International Taxation)-4 … Petitioner V/s.Van Oord Degrading and Marine Contractors BV… Respondent --- Ms.Vaibhavi Gala with Ms.Shaista Hadi i/by Mr.CharanjeetChanderpal for the Petitioner.Mr.Nishant Thakkar i/by Mr.Atul Jasani for theRespondent. --- CORAM : AKIL KURESHI AND S.J.KATHAWALLA, JJ. DATE : JUNE 24, 2019. P.C.:- 1.This petition is filed by the Department challengingan order passed by the Income Tax Appellate Tribunalextending stay in favour of the assessee beyond theperiod of 360 days. Department contends that theaction of the Tribunal was beyond its authority. Thisissue is squarely covered by the judgment of this Courtin case of Commissioner of Income-tax Vs. Tata Priya Soparkar 28 wp 1550-19-o Teleservices (Maharashtra) Ltd.[1], though we areinformed that Department has filed appeal before theSupreme Court. Be that as it may, learned counsel for therespondent-assessee stated that by now the appealitself has been disposed of by the Tribunal. He places onrecord the copy of the order dated 31[st] May, 2019. In thatview of the order, this petition has become infructuous.Petition disposed of accordingly. (S.J.KATHAWALLA, J.) (AKIL KURESHI, J.)….