Wp/616/2006 Of Goa Minerals Pvt. Ltd v. Asstt. Commissioner Of Income Tax (Assessing Officer) And Anr
High Court
11 Apr 2017 In favour of: Revenue
Forum / Bench
High Court · hcbgoa
Parties
Wp/616/2006 Of Goa Minerals Pvt. Ltd v. Asstt. Commissioner Of Income Tax (Assessing Officer) And Anr
Date of order
11 Apr 2017
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Wp/616/2006 Of Goa Minerals Pvt. Ltd v. Asstt. Commissioner Of Income Tax (Assessing Officer) And Anr, the High Court (2017) dismissed the appeal. The decision went in favour of the Revenue.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NOS. 559 OF 2004 & 48, 49, 613 & 616 OF 2006
WRIT PETITION NO.559 OF 2004
Goa Minerals Pvt. Ltd.,a Company incorporated under the Companies Act, 1956 having itsregistered Office at Salgaocar House,Off. F. L. Gomes Road,Vasco-da-Gama, Goathrough its Company SecretaryMr. H. G. Shenoy. ….Petitioner
V e r s u s
1. Asst. Commissioner of Income Tax,( Assessing Officer )Circle 2, Margao Goa.2. Joint Commissioner of Income Tax, Margao Range, Margao Goa.
3. The Commissioner of Income Tax,having his office at Ayakar Bhavan,Patto, Panaji Goa. having his office at Ayakar Bhavan,Patto, Panaji Goa.
4. Union of India,through the Secretary,Ministry of Finance,Revenue Department,North BlockLok Nayak Bhavan,New Delhi.
…..Respondents
WRIT PETITION NOS. 48 & 49 OF 2006
Goa Minerals Pvt. Ltd.,a Company incorporated under the Companies Act, 1956 having itsregistered Office at Salgaocar House,Off. Francisco Luis Gomes Road,Vasco-da-Gama, Goathrough its Company SecretaryMr. H. G. Shenoy.
….Petitioner
V e r s u s
1. Asst. Commissioner of Income Tax,( Assessing Officer )Circle 2, Margao Goa.
2. Joint Commissioner of Income Tax, Margao Range, Margao Goa. Margao Range, Margao Goa.
3. The Commissioner of Income Tax,having his office at Ayakar Bhavan,Patto, Panaji Goa. having his office at Ayakar Bhavan,Patto, Panaji Goa.
4. Union of India,through the Secretary,Ministry of Finance,Revenue Department,North BlockLok Nayak Bhavan,New Delhi.
…..Respondents
:3:
WITH
WRIT PETITION NO. 613 OF 2006
Goa Minerals Pvt. Ltd.,a Company incorporated under the Companies Act, 1956 having itsregistered Office at Salgaocar House,Off. Francisco Luis Gomes Road,Vasco-da-Gama, Goathrough its Company SecretaryMr. H. G. Shenoy.
….Petitioner
V e r s u s
1. Asst. Commissioner of Income Tax,
( Assessing Officer )Circle 2, Margao Goa.
2. Addl. Commissioner of Income Tax,Margao Range,Margao Goa.
3. Union of India,
through the Secretary,Ministry of Finance,Revenue Department,North Block,Lok Nayak Bhavan,New Delhi
….Respondents
WITH
WRIT PETITION NO.616 OF 2006
Goa Minerals Pvt. Ltd.,a Company incorporated under the Companies Act, 1956 having itsregistered Office at Salgaocar House,Off. Francisco Luis Gomes Road,Vasco-da-Gama, Goathrough its Company SecretaryMr. H. G. Shenoy. ….Petitioner
V e r s u s
1. Asst. Commissioner of Income Tax,( Assessing Officer )Circle 2, Margao Goa.
2. Union of India,
through the Secretary,Ministry of Finance,Revenue Department,North BlockLok Nayak Bhavan,New Delhi.…..Respondents
Mr. P. J. Pardiwalla, Senior Advocate with Mr. A. F. Diniz, Advocate forthe petitioner.
Ms. A. Razaq, Advocate for the respondents.
-Coram: F. M. REIS &
NUTAN D. SARDESSAI, JJ.
Date:- 11th April, 2017
ORAL JUDGMENT( Per F. M. Reis, J )
After hearing the matter for some time, we find that it
cannot be disputed that in view of the disposal of Tax AppealNos.26 of 2009 and 1 of 2010 which came to be dismissed, theimpugned orders in the above writ petitions would no longersurvive and deserve to be quashed and set aside. The learnedcounsel appearing for the respondents did not raise any other
contention to sustain the impugned orders as such orders were
based on the orders which were the subject matter of the TaxAppeals filed by the respondents. Hence, the impugned ordersdated 24.03.2004, 23.03.2005 and 23.03.2006 are quashed and setaside. Rule is made absolute. The petitions stand disposed ofaccordingly.
NUTAN D. SARDESSAI, J.
F. M. REIS, J.
at*
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