Murlidhar Ramprasadji Toshniwal vs Income Tax Officer, Ward - 4 (4), ...
2023 Latest Caselaw 7632 Bom

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

                                        WRIT PETITION NO. 4316/2022
    Meena Murlidhar Toshniwal Vs. Income Tax Officer, Ward - 4(4), Nagpur and Ors.
                                                   WITH
                                        WRIT PETITION NO. 4373/2022
    Wasudeo Namdeorao Padolel Vs. Deputy Commissioner of Income Tax/ Assistant
              Commissioner of Income Tax, Circle-4, Nagpur and Ors.
                                                   WITH
                                        WRIT PETITION NO. 6304/2022
 Murlidhar Ramprasadji Toshniwal Vs. Income Tax Officer, Ward - 4(4), Nagpur and
                                                          Ors.
 .................................................................................................................................. .
Office Notes, Office Memoranda of
Coram, appearances, Court's orders                                                                        Court's or Judge's order
or directions and Registrar's orders
...................................................................................................................................................

Mr. Kapil Hirani, Advocate for Petitioner. Mr. Anand Parchure, Advocate and Mr. B. N. Mohata, Advocate for Respondent Nos. 1 to 4.

CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI,JJ..

                        DATED :                 01.08.2023

                        .                       It is submitted by the learned Counsel for the

petitioner that the issues raised in the present writ petitions are covered by the judgment of this Court in Writ Petition No.6158/2022 (Urvashi Receators Private Limited Vs. Income Tax Officer, Ward-1(5), Nagpur and Ors.) decided on 16.06.2023. He therefore submits that on similar lines the present writ petitions deserve to be allowed. The learned Counsel for the respondents however submits that while deciding Writ Petition No.6158/2022 this Court has relied upon the decisions in Writ Petition No.1050/2022 (J M Financial and Investment Consultancy Services Private Limited Vs. Assistant Commissioner of Income Tax, Circle 3(2) and Ors.) and Writ Petition No. 7733/2022 (Johnson and Jonson Private Limited Vs. Deputy Commissioner of

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Income Tax Circle 3(4) and Ors.) both decided at the Principal Seat. The aforesaid two decisions have been assailed before the Hon'ble Supreme Court and notice has been issued in the Special Leave Petitions. He therefore submits that adjudication of the Special Leave Petitions is awaited. On this, the learned Counsel for the petitioner submits that the operation of the aforesaid two decisions has not been stayed and hence the said decisions could be followed.

2. The learned Counsel for the respondents submits that steps would be taken to have the Special Leave Petitions listed so that prayer for interim relief would be made in the said matters. To enable this to be done, the present writ petitions are adjourned to 22.08.2023 for further consideration.

(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)

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