Appellant sought permission to withdraw four income tax appeals, relying on the Tax Tribunal's rejection of accrual basis arguments to claim cash basis benefits later. The court permitted withdrawal without directing authorities.
Permission granted to withdraw appeals; no directions issued to authorities.
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MEERA MAHESH JADHAV
Digitally signed by MEERA MAHESH JADHAV Date: 2021.12.18 10:37:45 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 281 OF 2002
WITH
INCOME TAX APPEAL NO. 282 OF 2002
WITH
INCOME TAX APPEAL NO. 202 OF 2002
WITH
INCOME TAX APPEAL NO. 300 OF 2002
M/s Saral Enterprises-IIT
….Appellant
V/s.
The Asstt. Commissioner of Income Tax…Respondents
----
Mr. A. R. Singh & Mr. Gobinda C. Mohanty i/b Mohanty & Associates for
Appellant
Mr. Suresh Kumar for Respondents
----
CORAM : K.R. SHRIRAM &
AMIT B. BORKAR, JJ
DATED : 17th DECEMBER 2021
P.C. :
1After the appeals were heard for sometime, Mr. Singh sought leave of
the court to withdraw the appeals with a plea that the Tribunal having
rejected appellant's submissions for deduction of the interest paid on accrual
basis, appellant should be permitted to approach the authorities to claim
benefit in the year the interest amount was paid on cash basis.
2It is open to appellant to make whatever representations or file any
plea before the concerned authorities and naturally, those authorities will
consider the plea in accordance with law. We are not making any
Meera Jadhav
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observations or passing any directions to the authorities how such a request
should be considered or dealt with.
3 Appeals dismissed as withdrawn.(AMIT B. BORKAR, J)
(K.R. SHRIRAM, J.)
Meera Jadhav
M/s Saral Enterprises-IIT
The Asstt. Commissioner of Income Tax
K.R. Shriram
Amit B. Borkar
As recorded by the court registry
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