Jainsons Estates P. Ltd vs The Income Tax Officer Ward - 3 ...
2022 Latest Caselaw 1249 Bom

                                                                               924-wp-1157-2021.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      ORDINARY ORIGINAL CIVIL JURISDICTION

                                         WRIT PETITION NO.1157 OF 2021

                      Jainsons Estates Private Limited                   ...Petitioner
                                 vs.
                      The Income Tax Officer,
VISHAL                Ward - 3(2)(1) and Others                          ...Respondents
SUBHASH
PAREKAR
Digitally signed by
VISHAL SUBHASH
                      Ms. Drinkle Hariya i/b. Ms. Namrata Kasale, for the Petitioner.
PAREKAR
Date: 2022.02.05
                      Mr. Sham Walve, for the Respondent-Revenue.
13:14:02 +0530


                                          CORAM :        K.R. SHRIRAM &
                                                         N. J. JAMADAR, JJ.

                                         DATE :          FEBRUARY 03, 2022

                      P.C.:

                      .        Heard.

2. Prayer in the Petition is to direct Respondent No. 2 to

forthwith fix the Appeal of Petitioner pending before him for

hearing, to grant proper and fair hearing to Petitioner and then to

pass proper order in a time bound manner.

3. This Appeal relates the assessment year 1996-97 and has

been lodged somewhere in 2004. In view of the directions of the

Income Tax Appellate Tribunal's order dated 27th August, 2004 the

matter has been remanded to the Commissioner of Income Tax

(Appeals) for re-hearing the appeal by considering the points noted

Vishal Parekar 1/2 924-wp-1157-2021.doc

in the order of ITAT. Petitioner's grievance is the appeal has been

now pending for 17 years. Mr. Walve in fairness states that the

Court may fix the time limit within which the appeal to be heard

and disposed.

4. Since the appeal has been pending for 17 years, we would

direct the concerned authority to hear the appeal and pass an order

within six weeks from the date this order is uploaded.

5. The concerned authority shall give a personal hearing to

Petitioner and notice of hearing shall be given at least one week in

advance.

6. If the concerned authority is going to rely on any judgment or

order of any Court or Tribunal, copy thereof shall be provided in

advance so that the Petitioner will be able to deal with /distinguish

it during the personal hearing.

7. Petition accordingly disposed.

            (N. J. JAMADAR, J.)                 (K. R. SHRIRAM, J.)




Vishal Parekar                                                             2/2