Padma W/O Adv. Narayan Bhattad vs The Income Tax Central Processing ...
2022 Latest Caselaw 12790 Bom

                                    1                 wp3965.2022

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH : NAGPUR

               WRIT PETITION NO.3965/2022

Smt. Padma W/o Adv. Narayan Bhattad,
aged about 68 Yrs., Occ. Household,
R/o 'Shivam', Abhyankar Road, near
Dr. Mahurkar Hospital, Dhantoli,
Nagpur.                                       ...    Petitioner
      - Versus -
1.   The Income Tax Central Processing
     Center, through its Assistant Director
     of Income Tax, CPC, having office at
     CPC, Post Bag No.1, Electronic
     City Post Office, Bengaluru,
     Karnataka 560 500.

2.   The Pr. Commissioner of Income
     Tax Nagpur -1, Nagpur, having
     office at Aayakar Bhavan, Telangkhedi
     Road, Civil Lines, Nagpur - 440 001.     ...   Respondents


            -----------------
Mr. S.V. Bhutada, Advocate for the Petitioner.
Mr. Anand Parchure, Advocate for Respondent Nos.1 and 2.
            ----------------


            CORAM : SUNIL B. SHUKRE AND
                    M. W. CHANDWANI, JJ.

DATE : 8.12.2022 2 wp3965.2022

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith.

Heard finally by consent of learned counsel for the parties.

2. Copy of the communication dated 5.12.2022,

supplying instructions to the learned counsel, is placed on record

by the learned counsel for respondent Nos.1 and 2. It is marked

"A" for identification. The document "A" shows that the Income

Tax Officer is willing to recall the impugned order and reconsider

the issue and, therefore, a request has been made to inform this

Court regarding remitting back of the dispute to the Jurisdictional

Assessing Officer with liberty to allow the claim of the assessee

after verification and in accordance with law, with a direction to

the petitioner to cooperate during the said proceedings.

3. Learned counsel for the petitioner has no objection and,

therefore, petition is disposed of by treating the impugned order 3 wp3965.2022

as recalled and the matter is remitted back to the Jurisdictional

Assessing Officer with liberty to allow the claim of the assessee

after verification and in accordance with law with direction to the

petitioner to cooperate during the said proceedings.

4. Rule is made absolute in the above terms. No orders as to

costs.

(M. W. CHANDWANI, J.) (SUNIL B. SHUKRE, J.)

Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Date:08.12.2022 17:28