2024:BHC-OS:5604
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1487 OF 2024
Maharashtra State Road Development
Corporation Limited ….Petitioner
V/s.
The Principal Commissioner of Income Tax – 5 & Anr. .…Respondents
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Mr. Beni Chatterji, Senior Advocate a/w. Mr. Arun Siwach and Mr. Karan
Khetani i/b. Cyril Amarchand Mangaldas for petitioner.
Mr. Vikas T. Khanchandani a/w. Mr. Eshaan Saroop for respondents –
Revenue.
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CORAM : K.R. SHRIRAM &
DR. NEELA GOKHALE, JJ.
DATED : 2nd APRIL 2024
P.C. :
1 Petition impugns a notice dated 4th September 2023 issued
under Section 263 of the Income Tax Act, 1961 (the Act). Petitioner has
replied to the notice vide its Chartered Accountant’s letter dated
9th November 2023. Respondent no.1 has not disposed the proceedings
initiated under Section 263 of the Act since petitioner filed this petition and
an ad-interim stay was granted.
2 Having considered the reply filed, we see no reason to
interfere. Respondent no.1 is directed to dispose the proceedings initiated
under Section 263 of the Act on or before 30 th June 2024. Before passing
any order, which shall be a reasoned order dealing with all submissions of
petitioner, a personal hearing shall be given, notice whereof shall be
Gauri Gaekwad
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communicated atleast 5 working days in advance.
3 Petition disposed accordingly.
4 All rights and contentions are kept open.
5 We clarify that we have not made any observation on the
merits of the matter.
(DR. NEELA GOKHALE, J.) (K.R. SHRIRAM, J.)
Gauri Gaekwad
Signed by: Gauri A. Gaekwad
Designation: PS To Honourable Judge
Date: 03/04/2024 18:13:22