SUNIL WAMANRAO SAKORE vs. INCOME TAX OFFICER WARD 7 3 PUNE

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WP/13174/2023HC BombayHCBM01046194202311 March 2024Bench: HON'BLE SHRI JUSTICE K.R. SHRIRAM,HON'BLE JUSTICE DR. NEELA KEDAR GOKHALE1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court granted the Petitioner's request to withdraw the writ petition. The Court explicitly stated that the rights and contentions of the Petitioner were kept open to be raised in the appeal before the Commissioner of Income Tax (Appeals). The petition was dismissed as withdrawn. The Court further directed that if the appeal is filed within two weeks from the date of the order, any delay would be deemed condoned. No specific findings on the merits of the case were made.

What were the facts?

The Petitioner, Sunil Wamanrao Sakore, filed a writ petition before the Bombay High Court challenging an order or action by the Income Tax Officer, Ward-7(3), Pune, and other respondents. The specific assessment year(s) and the amount in dispute are not recorded in the judgment. The procedural history indicates that the petition was heard for some time by the High Court.

What were the issues?

The Tribunal did not have to decide any issues as the petition was withdrawn. The Petitioner's counsel sought leave to withdraw the petition with liberty to file an appeal before the Commissioner of Income Tax (Appeals). The Petitioner stated that all contentions would be raised in the appeal. The Revenue did not present any arguments as the petition was withdrawn before substantive arguments on merits.

AI-generated summary — verify with the full judgment below

1/1 433-aswp-13174-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13174 OF 2023 Sunil Wamanrao Sakore …Petitioner Versus Income Tax Officer, Ward-7(3), Pune & Ors. …Respondents Mr. Sanket Bora a/w Ms. Vidhi Punmiya i/b SPCM Legal for Petitioner. Mr. Suresh Kumar for Respondents-Revenue. CORAM: K. R. SHRIRAM & DR. NEELA GOKHALE, JJ. DATED: 11th March 2024 PC:- 1. After the petition was heard for some time, Mr. Bora sought leave of the Court to withdraw the petition with liberty to file an appeal before the Commissioner of Income Tax (Appeals). Mr. Bora states that Petitioner will raise all contentions in the appeal. 2. Keeping open the rights and contentions of Petitioner, to be raised in the appeal, we dismiss the petition as withdrawn. 3. If the appeal is filed within two weeks from today, the delay if any, shall be deemed to have been condoned. (DR. NEELA GOKHALE, J.) (K. R. SHRIRAM, J.) Gitalaxmi GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2024.03.13 10:47:29 +0545

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