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2016 Supreme(Guj) 1032

HARSHA DEVANI, G.R.UDHWANI
M. D. Infra Developers – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent


Advocates Appeared:
For the Appellant :J.P. Shah and Manish J. Shah, Advocates.
For the Respondent:Sudhir M. Mehta, Advocate.

JUDGMENT :

Harsha Devani, J.

1. Rule. Mr. Sudhir Mehta, learned Senior Standing Counsel waives service of notice of rule on behalf of the respondents.

2. Having regard to the controversy involved in the present petition which lies in a very narrow compass, the matter was taken up for final hearing.

3. This petition under Article 226 of the Constitution of India has been filed seeking the following substantive reliefs:-

"7. In the premises aforesaid, the petitioner prays that:-

[A] this Hon'ble Court be pleased to call for and look into the records of the proceedings taken by the Tax Recovery Officer as also the Principal Commissioner of Income Tax, and be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing the proceedings taken by them, as also the notices of Tax Recovery Officer at Annexures-G, I and J and the other of the Principal Commissioner of Income Tax, at Annexure-L.

[B] this Hon'ble Court be pleased to grant the stay of demand of Rs. 22,94,74,880/- till the disposal of the appeal by the Commissioner of Income Tax (Appeals).

[C] this Hon'ble Court be pleased to ask the Tax Recovery officer to lift all attachments done on (i) all propert




















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