Wp/2743/2004 Of M/S. B. Arvindkumar And Co v. Income-Tax Officer

IN THE HIGH COURT OF JUDICATURE AT BOMBAY WRIT PETITION NO.2743 OF 2004 M/s.B.Arvinkumar & Co. .. Petitioner v/s. Commissioner of Income-tax XVI,Mumbai & ors... Respondents Ms.Arati Vissanji with Mr.S.J.Mehta for petitioner. Mr.B.M.Chatterjee with Ms.S.V.Bharucha i/byMr.P.Kapur for respondents. CORAM: R.M.LODHA ANDJ.P.DEVADHAR, JJ. DATED:18thOctober, 2004 P.C. Heard. 2. Rule. Returnable forthwith. 3. The advocate on record for the revenue waives service. 4. Rule is treated on board for final hearing at this stage. 5. Having considered the available material andall the aspects, we are of the view that theapplication made by the petitioner seekingextension under section 80HHC (2)(a) forrealisation of outstanding export proceeds requiresreconsideration by the Commissioner of Income Tax,Mumbai City XVI, Mumbai. It is so because it isapparent from the particulars available on recordthat the payment has been received, though application dated 8.12.1997 seeking extension undersection 80HHC (2)(a) in accordance with law. 7. Rule is made absolute in the aforesaid terms. (R.M.LODHA, J.) (J.P. DEVADHAR, J.)