National Health And Education ... vs National Faceless Appeal Centre, ...
2022 Latest Caselaw 7187 Bom

                                                                 WP. 2165-22.doc + 2 ors.
Chittewan




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

                      WRIT PETITION NO.3165 OF 2022
                              ALONG WITH
                      WRIT PETITION NO.3242 OF 2022
                              ALONG WITH
                      WRIT PETITION NO.3135 OF 2022

National Health & Education Society
(P.D. Hinduja National Hospital &
Medical Research Centre),
87, Veer Savarkar Marg, Mahim,
Mumbai-400 016.                              ...      Petitioner
        Versus
1. National Faceless Appeal Centre,
Delhi
Through Principal Chief Commissioner of
Income Tax (NaFAC), Delhi,
Situated at North Block,
New Delhi-110001

2. Joint Commissioner of Income Tax,
Exemption Circle 2, Range 103(2),
608, MTNL Building, Cumballa Hill,
Mumbai-400 026.                            ...      Respondents
                                  ***
Mr. S.C. Tiwari a/w Ms. Rutuja Pawar for the Petitioner.
Mr. Suresh Kumar for the Respondents.
                                  ***
                        CORAM : DHIRAJ SINGH THAKUR &
                                    ABHAY AHUJA, JJ.

                          DATE     :   26 JULY 2022
P. C. :

.           In all these three Petitions, a common prayer made by the

Petitioner is that the appeals filed by the Petitioner and pending before the Commissioner of Income Tax (Appeals) ("CIT") have not been decided finally, despite the fact that the issue which arises in all the three appeals

WP. 2165-22.doc + 2 ors.

Chittewan

before CIT was already decided vide Judgments and Orders dated 5 February 2020 and 3 March 2020 in favour of the Petitioner. Copies of Judgments have been placed on record. It can be seen that the appeals filed by the Petitioner have been pending for the last more than seven years and as stated, there is no reason why the appeals be kept pending, despite the assertion of the Petitioner that matter is covered by the Judgment of this Court in favour of the Petitioner.

2 Be that as it may, considering the innocuous prayer made, the Petitions are disposed of with the consent of learned Counsel for the parties, with a direction to the Appellate Authority to decide the appeals filed by the Petitioner not later than three months from today.

(ABHAY AHUJA, J.)                            (DHIRAJ SINGH THAKUR, J.)

               Digitally signed by
RAJESH         RAJESH VASANT
VASANT         CHITTEWAN
CHITTEWAN      Date: 2022.07.28
               10:30:53 +0530