Wp/1308/2016 Of Pr.commissioner Of Income Tax-2 v. M/S Fulford(Indiua) Ltd

Vina K. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1308 OF 2016 Pr. Commissioner of Income Tax-2, Mumbai.… Petitioner V/s. M/s. Fulford (India) Ltd.… Respondents ... Mr. Suresh Kumar a/w Ms. Samiksha Kamani for the petitioner.Mr. Madhur Agarwal i/b Mr. Atul Karsandas Jasani for therespondents. … CORAM : M. S. SANKLECHA & A. K. MENON, J.J. DATE : 7[th] JULY, 2016. P.C.: 1.This petition challenges order dated 31[st] July, 2015passed by the Income Tax Appellate Tribunal extending the staygranted up to 30[th] January, 2015 for further period of 180 days from31[st] July, 2015 or the date of passing of the order in the appealpending before the Tribunal, whichever is earlier. 2.The impugned order dated 31[st] July, 2015 has a life of180 days. Thus, the challenge herein is to an order dated 31[st] July,2015 whose efficacy has come to an end on 28[th] January, 2016.Therefore, challenge is infructuous. 1 of 2 Vina K. 3. We find that this petition has been filed on 30[th] January,2016 i.e. after the expiry of life of the order dated 31[st] July, 2015.This shows the casual manner in which the revenue has filed thepresent petition. It is made clear that if in future such futile petitionsare filed by the Revenue we may be compelled to impose costs onofficers of Revenue responsible for such petitions. 4.In view of the above, the writ petition is dismissed asinfructuous. No order as to costs. (A. K. MENON, J.) (M. S. SANKLECHA, J.) 2 of 2