Vimla Sawalka v. Commissioner Of Income Tax-24 And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.141 OF 2010 Vimla SawalkaVs.Commissioner of Income Tax-24 and others ..Petitioner. ..Respondents. WITHWRIT PETITION NO.142 OF 2010 Vinod Sawalka Vs.Commissioner of Income Tax-24 and others ..Petitioner. ..Respondents. WITHWRIT PETITION NO.146 OF 2010 Suresh SawalkaVs.Commissioner of Income Tax-24 and others ..Petitioner. ..Respondents. WITHWRIT PETITION NO.147 OF 2010 M/s. Shivgyan Fashions ..Petitioner. Vs.Commissioner of Income Tax-24 and others ..Respondents. .... Mr. Jitendra Jain with Mr. Girish B. Kedia for the Petitioner.Ms. Suchitra Kamble for the Respondents. ..... CORAM : DR.D.Y.CHANDRACHUD &J.P.DEVADHAR, JJ. P.C. : 2[nd] March, 2010. At the hearing of the Petitions counsel appearing on behalf of the Revenue has placed on the record a communication dated 9[th ]February, 2010 addressed by the Under Secretary to the Government of India, in the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes to the Chief Commissioner of Income Tax-(XIII). The communication specifically refers to Writ Petitions 141, 142, 146, 147 and 153 of 2010 pending before this Court. By the communication leave has been sought to recall the impugned order dated 15[th] December, 2009 passed under Section 127(1) of the Income Tax Act, 1961 and to permit the department to consider the matter afresh in accordance with law. An affidavit to that effect has also been filed by the Chief Commissioner of Income Tax – XIII, Mumbai dated 17[th] February, 2010. In terms of the request made before the Court and since the Respondents are recalling the order dated 15[th] December, 2009 with a view to consider the matter afresh in accordance with law, these Petitions will not survive. On the request of counsel appearing on behalf of the Petitioners, the Petitions are dismissed as withdrawn. (Dr. D.Y. Chandrachud, J.) (J.P. Devadhar, J.)