Troika Estates Pvt.ltd v. The Income Tax Appellate Tribunal & Ors

Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2984 OF 2017 Troika Estates Pvt.Ltd. …Petitioner Versus The Income Tax Appellate Tribunal & Ors. ---------- …Respondents Ms. Vasanti Patel, for the Petitioner. Mr. P.C. Chhotaray, for the Respondents. ---------- CORAM :M.S. SANKLECHA &RIYAZ I. CHAGLA, JJ. DATE : 1 February 2018 ORDER : 1.Heard Ms. Patel, learned Counsel appearing for the Petitioner. 2.This Petition challenges the order dated 17 March2017 passed by the Income Tax Appellate Tribunal rejecting the 34-WP-2984-17.doc Petitioner's Miscellaneous Application for rectification of theorder dated 3 February 2016 passed by the Tribunal. 3.Ms. Patel very fairly points out that the Petitionerhas filed an Appeal being the Income Tax Appeal No. 1652 of2016 from the order dated 3 February 2016 of the Tribunal. Inthe Appeal so filed, questions have been raised regarding themistakes in impugned order dated 3 February 2016. However,the Petition has been filed as the Respondents are threating toimplement the order dated 3 February 2016 of the Tribunal. 4. In the above view, she is allowed to withdraw this Petition with liberty to file Notice of Motion in the pendingIncome Tax Appeal No. 1652 of 2016 and seek appropriatereliefs therein. 5.In the above view, the Writ Petition is disposed of aswithdrawn, with the above liberty. [RIYAZ I. CHAGLA J.] [M.S. SANKLECHA, J.]