MR. ANIRUDDHA P. DESHPANDE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PUNE-2
What did the High Court hold?
The Court granted the petitioner's request to withdraw the writ petitions. The petitions were dismissed as withdrawn. The Court also granted the petitioner the liberty to pursue their alternate remedy, keeping all their rights and contentions open to be raised before the Appellate Authority. The specific issues that would have been decided had the petitions proceeded on merits were not addressed as the matter was disposed of on the petitioner's request for withdrawal.
What were the facts?
The petitioner, Aniruddha P. Deshpande, filed two writ petitions (WP No. 7024 of 2023 and WP No. 7025 of 2023) before the Bombay High Court. The respondents were the Principal Commissioner of Income Tax and others. The petitions challenged certain orders or actions of the income tax authorities. After the petitions were heard for some time, the petitioner's counsel sought leave to withdraw the petitions. The petitioner intended to pursue an alternate remedy available in law but requested that all rights and contentions be preserved for raising before the appellate authority.
What were the issues?
1. Whether the petitioner should be permitted to withdraw the writ petitions. Assessee's Contention: The petitioner sought to withdraw the petitions to adopt an alternate remedy available in law. They prayed that all their rights and contentions be kept open to be raised before the Appellate Authority. Revenue's Contention: No specific contention is recorded for the revenue regarding the withdrawal of the petitions.
AI-generated summary — verify with the full judgment below
1/1 403&404.WP-7024-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7024 OF 2023 WITH WRIT PETITION NO.7025 OF 2023 Aniruddha P. Deshpande …..Petitioner Vs. Principal Commissioner of Income Tax & Ors. …..Respondents ---- Mr. Sanket S. Bora a/w. Ms. Vidhi Punmiya i/b. SPCM Legal for petitioner in both petitions. Mr. Suresh Kumar for respondents in both petitions. ---- CORAM : K. R. SHRIRAM AND FIRDOSH P. POONIWALLA, JJ. DATED : 19th JUNE 2023 P.C.: WRIT PETITION NO.7024 OF 2023 WITH WRIT PETITION NO.7025 OF 2023 1 After the petitions were heard for some time, Mr. Bora sought leave of the Court to withdraw the petitions by stating that petitioner will adopt the alternate remedy available in law but prays that all rights and contentions of petitioner be kept open to be raised before the Appellate Authority. 2 Petitions dismissed as withdrawn with the liberty as prayed for. (FIRDOSH P. POONIWALLA, J.) (K. R. SHRIRAM, J.) Gauri Gaekwad
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