R.B. Agarwalla And Co vs Union Of India And Ors
2024 Latest Caselaw 3131 Cal/2

Calcutta High Court

R.B. Agarwalla And Co vs Union Of India And Ors on 29 October, 2024

OD-2
                     IN THE HIGH COURT AT CALCUTTA
                    CONSTITUTIONAL WRIT JURISDICTION
                              ORIGINAL SIDE

                                WPO/1048/2024

                          R.B. AGARWALLA AND CO.
                                     VS
                          UNION OF INDIA AND ORS.


BEFORE:
THE HON'BLE JUSTICE SHAMPA DUTT (PAUL)

Date: 29th October, 2024. (Vacation Bench)

APPEARANCE:

Mr. Arvind Agarwal, Adv.

Mr. Farhan Ghaffar, Adv.

Md. Zafar Jilani, Adv.

Mr. Ankit Chaturbedy, Adv.

...for the petitioner

Mr. P. Dudheria, Adv.

...for the Union of India

The Court: Learned Counsel for the writ petitioner has moved the writ

petition praying for an interim order of stay of the notice dated 19 th April, 2023

and has relied upon an order of Co-ordinate Bench passed in WPO 1048 of

2024.

The Learned Advocate for the Union of India has also relied upon a

judgment of a Co-ordinate Bench.

On hearing the parties and on perusal of the notice challenged, it

appears that the said notice has been issued and subsequently an order

dated 31st March, 2023 has been passed. The writ petitioner has challenged the said assessment order. Learned Counsel for the Union of India submits

that the said order is an appealable order under Section 250 of the Income Tax

Act. Considering the said provision, this Court is not inclined to pass any

interim order at this stage, there also being no urgency.

Let the matter be placed before the Regular Bench. The point of

maintainability of the writ petition may be raised before the regular Bench.

[SHAMPA DUTT (PAUL), J.]

DB /S. Akhtar ARCR