Tata Project Limited vs Deputy Commissioner Of Income Tax ...
2023 Latest Caselaw 9581 Bom

2023:BHC-OS:9826-DB

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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
                                    WRIT PETITION NO.2193 OF 2023
            Tata Project Limited                     ....Petitioner
                     V/s.
            Deputy Commissioner of Income
            Tax 15(3)(1) and Ors.                     ....Respondents
                                                     ----

            Mr. J.D. Mistri, Senior Advocate a/w. Mr. Hiten Chande i/b. Lumiere Law
            Partners for petitioner.
            Mr. Devvrat Singh for respondents.
                                               ----
                                          CORAM : K. R. SHRIRAM &
                                                    DR. N. K. GOKHALE, JJ.

DATED : 12th SEPTEMBER 2023

P.C. :

1 After the petition was heard extensively, in our view, interest of

justice will be met if respondent no.1 is directed to dispose petitioner's

application pending before him from 29 th January 2020 and respondent

no.4 is directed to dispose the appeal filed before him in January 2020

expeditiously.

2 Respondent no.1 is directed to dispose the application dated

29th January 2020 by 31st October 2023. Respondent no.4 shall dispose the

appeal by 31st December 2023.

3 Both the authorities shall, before passing any order, give a

personal hearing to petitioner, notice whereof shall be communicated

Gauri Gaekwad 2/2 909.WP-2193-2023.doc

atleast five working days in advance.

4 The order to be passed shall be a reasoned order dealing with

every submission of petitioner. If the authorities are going to rely on any

order or judgment of any High Court or Tribunal, then a list thereof shall be

provided to petitioner alongwith the notice of personal hearing so that

petitioner may be able to deal with/distinguish those orders/judgments.

                      5               Petition disposed.

                      6               We clarify that we have not made any observations on the

                      merits of the matter.




                      (DR. N. K. GOKHALE, J.)                              (K. R. SHRIRAM, J.)




                      Gauri Gaekwad
Signed by: Gauri A. Gaekwad
Designation: PS To Honourable Judge
Date: 13/09/2023 11:10:31