Wp v. The Assistant Commissioner Of Income-Tax 10(1), Mumbai And 5 Ors

JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1468 OF 2011 Maharashtra State Electricity DistributionCo. Ltd. Mumbai. ... Petitioner. V/s. The Assistant Commissioner of Income-tax10(1), Mumbai & Ors., Mumbai, ... Respondents. Mr. J.D. Mistry, Senior Advocate with Mr. Satish R. Mody for the Petitioner. Ms. Nilam Jadhav i/b. Mr. Suresh Kumar for the Respondents. CORAM : DR. D.Y. CHANDRACHUD & A.A. SAYED, JJ. 22 NOVEMBER 2011. P.C. :- This Petition has been instituted in order to challenge an order passed by the CIT, CCIT and DCIT declining to stay a demand raised in Assessment Year 2008-09 during the pendency of the Appeal. On 8 July 2011 this Court adjourned the hearing of the Petition on the request of Counsel appearing on behalf of the Revenue to 5 August 2011 and stayed the enforcement of the demand for Assessment Year WP 1468.11.sxw 2008-09 till then. The ad-interim stay was continued by a further order dated 5 August 2011 until further orders. 2.Counsel appearing on behalf of the Petitioner has mentioned the Petition since he seeks to point out in fairness that the Appeal has been disposed of as a result of which the stay granted by this Court would have to stand vacated and the Petition disposed of. 3.The Petition has been taken on Board with notice to Counsel appearing on behalf of the Revenue, who is present. 4.In view of the fact that the Appeal has since been disposed of, it is no longer necessary to keep the Petition alive. The Petition is accordingly disposed of as not pressed. The ad-interim order is continued for a period of two weeks from today at the request of Counsel appearing on behalf of the Petitioner so as to enable the Petitioner to move the Tribunal for appropriate relief. The Petition is accordingly disposed of. There shall be no order as to costs. (Dr. D.Y. Chandrachud, J.) (A.A. Sayed, J.)