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2014 Supreme(Bom) 745

S.J.VAZIFDAR, B.P.COLABAWALLA
Nerka Chemicals Private Limited – Appellant
Versus
Union of India through the Secretary, Ministry of Finance – Respondent


Advocates Appeared:
For the Petitioner:Percy Pardiwalla, Senior Counsel with Jas Sanghavi i/b PDS Legal, Advocates.
For the Respondents:R3, Vimal Gupta, Senior Counsel with Padma Divakar, Advocate.

JUDGMENT

S.J. Vazifdar, J.

1. Respondent Nos.2 to 6 are the Chief Commissioner of Income Tax, the Commissioner of Income Tax, the Additional Commissioner of Income Tax, the Assistant Commissioner of Income Tax and the Commissioner of Income Tax (Appeals). The petitioner has sought a writ of certiorari to quash and set aside an order dated 10.12.2013 passed by respondent No.6–CIT (A), a writ of prohibition restraining the respondents from taking any coercive steps to recover the disputed tax and a writ of mandamus directing CIT (A)/respondent No.6 to expeditiously dispose of the appeal filed by the petitioner against the assessment order passed by respondent No.2.

2(A). The case in a nutshell is this. The petitioner is a wholly owned subsidiary of Demuric Holdings Private Limited (DHPL). All the shares of DHPL are held by various members of the Shroff family and enterprises of the Shroff group (hereinafter collectively referred to as the “Shroff group”). The members of the Shroff group have a substantial shareholding in United Phosphorous Ltd. (UPL) and Uniforce Enterprises Ltd (UEL) which are listed on the recognized stock exchanges. The Shroff group transferred all their shares in U




























































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