Wp/264/2013 Of Commissioner Of Income-Tax-3, Mumbai v. Income-Tax Appellate Tribunal And Anr

kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.264 OF 2013 ...Commissioner of IncomeTax3Mumbai ...Petitionerv/s.IncomeTaxAppellate Tribunaland another ..Respondents ... Mr.Charanjeet Chanderpal for the petitioner.Mr.Atul K.Jasani for respondents. ... CORAM:MOHIT S. SHAH, C.J. & M.S.SANKLECHA, J.DATE :13 December 2013 P.C.: What is challenged in this writ petition is the order dated 30 March 2012 of the Income-Tax Appellate Tribunal, Mumbai Special Bench “E”, Mumbai. 2.After learned counsel for the petitioner-revenue argued the matter for some time, when his attention was drawn to the contents of para 56 of the impugned order indicating that with the consent of parties and in the interest of justice, it was decided by the President of the Income-Tax Appellate Tribunal to finally dispose of the appeal on the basis of majority view and therefore the appeal was decided by the tribunal on merits, learned counsel for the petitioner-revenue states that no such consent was given by the department or by the learned counsel for the department before the tribunal. kambli 3.In view of the above, learned counsel for the petitioner-revenue seeks leave to withdraw this writ petition , as the Commissioner, Income-Tax-3 proposes to file a misc. application before the tribunal. 4.In view of the above, leave as prayed for is granted. Petition stands disposed of as withdrawn. CHIEF JUSTICE (M.S.SANKLECHA, J.)