Sushil Gupta,Legal Representative Oflate Mahabir Prasad Gupta v. The Principal Commissioner Ofincome Tax-17, Mumbai

KVM 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY KANCHANDigitally signed byKANCHAN VINODVINODMAYEKARMAYEKARDate: 2022.04.3016:14:33 +0530 ORDINARY ORIGINAL CIVIL JURISDICTIONINTERIM APPLICATION NO. 1892 OF 2019IN REVIEW PETITION (L) NO. 24 OF 2019 IN INCOME TAX APPEAL NO. 51 OF 2016 ALONGWITHREVIEW PETITION (L) NO. 24 OF 2019 ININCOME TAX APPEAL NO. 51 OF 2016 Sushil Gupta,Legal Representative ofLate Mahabir Prasad Gupta ….. Applicant/Review Petitioner VERSUS The Principal Commissioner ofIncome Tax-17, Mumbai ….. Respondents Mr.Karl Tamboly, a/w. Mr.Nikhil Adkine, i/b. Mr.Chinmaya Acharyafor the Applicant/Petitioner. Mr.P.C.Chhotaray for the Respondents. CORAM : A.S.CHANDURKAR & B.P.COLABAWALLA , JJ. DATE : 28TH APRIL, 2022 (IN CHAMBER AT 2.15 P.M.) P.C:- Delay in filing the review petition is condoned. At the request of the parties, the review petition is taken up forthwith for hearing. 2/31 - IA 1892 OF 2019 WITH RPAL 24 OF 2019.doc 2.When this review petition is called out and when we indicatedthat we are not inclined to entertain the review petition as we found nomerit in the same, Mr.Tamboly, the learned counsel appearing onbehalf of the review petitioner sought leave to unconditionallywithdraw the above review petition. 2.In these circumstances, the review petition is dismissed aswithdrawn. No order as to costs. 3.At this stage, a grievance is made by Mr.Chotaray, the learnedadvocate appearing for the Revenue, that in view of multiple reviewpetitions filed by the assessee, the Revenue was not in a position toappropriate the sum of Rs.1,90,50,000/- lying with the Prothonotaryand Senior Master towards the outstanding tax dues of the assessee.We do not see why the Income Tax Department has not made anyapplication for withdrawal of the aforesaid amount till today, especiallysince there was no stay in favour of the assessee. Be that as it may, it isnow clarified that the Revenue is allowed to withdraw amount ofRs.1,90,50,000/- along with accrued interest thereon, if any, lying withthe Prothonotary and Senior Master of this Court and to appropriate the 3/3 1 - IA 1892 OF 2019 WITH RPAL 24 OF 2019.doc same towards the tax liability of the assessee. 4.It is further clarified that the withdrawal of the review petition shall not preclude the assessee from challenging the orders passed bythis Court on 22[nd] February, 2019 and 11[th] October, 2019 before theHon’ble Supreme Court if it is otherwise entitled to challenge the samein law. [B.P.COLABAWALLA, J.] [A.S.CHANDURKAR, J.]