Allowed

Perfochem India Pvt. Ltd. v. Deputy Commissioner of Income TAX-7(1), Mumbai and 4 Ors.

Bombay HC9 Apr 2009WP/635/2009

Case brief

AI extract

What is this about?

The Court permitted a stay on an order directing the petitioner to deposit further tax amounts, citing a prima facie case and potential hardship, and directed the appellate authority to dispose of the appeal within 15 days without adjournment.

What did the court decide?

Impugned stay order stayed; appeal to be disposed of within 15 days; no further recoveries allowed; no adjournments granted.

Perfochem India Pvt. Ltd. Vs Deputy Commissioner of… — Writ and Judicial Review | Bombay HC (2009)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 635 OF 2009

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 Perfochem India Pvt.Ltd . ... Petitioner

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Vs.

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 Deputy Commissioner of Income-tax-7(1)

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 Mumbai & Ors. ... Respondents

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 Mr. K.B.Bhujle with Mr. P..Bhujle for the petitioner.

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 Mr. Suresh Kumar for the respondents.

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CORAM: F.I.REBELLO AND

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 J.H.BHATIA,JJ.

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 DATE: 9th April, 2009.

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P.C.

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 1. Rule. Heard forthwith.

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 2. The petitioner has come to this Court against the

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 order passed by Respondent No.3 while granting stay,
 directed the petitioner to deposit further amounts to
 the tune of Rs.55,00,000/-. The petitioner has already
 paid Rs.22,00,000/- .

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 3. Having heard Counsel, we are of the opinion that

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 a prima facie case is made out and hardship would be
 caused if the order is not stayed and the appellate
 authority hear the matter on Monday, the 13th April,
 2009.

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 4. In our opinion, after hearing parties, the ends
 of justice would be met if the impugned order is set
 aside and the appellate authority is directed to dispose
 of the appeal, at any rate, not later than 15 days from
 13th April, 2009.

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 5. The Respondents are directed not to make any

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 further recoveries from the petitioner.

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 6. the parties to co-operate with the appellate

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 authority. The appellate authority not to grant any
 adjournment.

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 7. Rule made absolute accordingly. No order as to

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 costs.

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 (F.I.REBELLO, J.)

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(J.H.BHATIA, J.)

Perfochem India Pvt. Ltd. v. Deputy Commissioner of Income TAX-7(1), Mumbai and 4 Ors.

Case brief

What is this about?

What did the court decide?

Perfochem India Pvt. Ltd. v. Deputy Commissioner of Income TAX-7(1), Mumbai and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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