Wp/133/2018 Of Sodexo Svc India Pvt. Ltd v. Deputy Commissioner Of Income Tax (Tds) 2- (2) And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 133 OF 2018 Sodexo SVC India Pvt. Ltd. .. Petitioner v/s. Deputy Commissioner of Income Tax(TDS)2(2) & Ors. .. Respondents Mr. Jehangir Mistri, Senior Counsel a/w Ms. Khooshnum R. Daviervala, Mr. Harsh Kothari & Mr. Yazdi P. Jijina, i/b Mulla & Mulla & Craigie Blunt & Caroe for the petitioner Mr. Charanjeet Chanderpal a/w Ms. Namita Shirke for the respondents CORAM : M.S. SANKLECHA & RIYAZ I. CHAGLA J.J. P.C. DATED : 18[th] JANUARY, 2018. 1.This petition under Article 226 of the Constitution of India challenges a demand Notice dated 11[th] January, 2018 issued by the respondent no.1 – Deputy Commissioner of Income Tax. By the impugned notice, the petitioners have been called upon to honour a demand of Rs.57.06 crores of tax dues, as confirmed by order dated 27[th] December, 2017 of the Commissioner of Income Tax (Appeals). 2.The impugned notice further calls upon the petitioners to pay the aforesaid outstanding tax dues on or before 19[th] January, 2018, failing 133-18-wp-901=.doc which the Revenue would be compelled to take coercive action to recover the same. 3.Mr. Chanderpal, the learned Counsel appearing for the Revenue, on instructions, states that no coercive proceedings would be initiated by the Revenue for the period of 60 days from 8[th] January, 2018 i.e. the date on which the order dated 27[th] December, 2017 passed by the Commissioner of Income Tax (Appeals) was received. 4.In view of the above statement made on behalf of the Revenue, Mr. Mistri, the learned Senior Counsel for the petitioner, on instructions, seeks to withdraw the petition. 5.The petition is disposed of as withdrawn. (RIYAZ I. CHAGLA, J.) (M.S. SANKLECHA, J.)