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913-WP-2122-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 2122 OF 2021

Rakesh Raghunath Bidkar

….Petitioner

V/s.

The Principal Commissioner of Income

Tax - 4, Pune and Ors.

…Respondents

----

Mr. Suyog Bhave i/b Farzeen Khambatta for Petitioner.

Mr. Sham V. Walve a/w Mr. Pritish Chatterjee for Respondents.

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CORAM : K.R. SHRIRAM &

AMIT B. BORKAR, JJ.

DATED : 8^th DECEMBER 2021

P.C. :

1.

We have heard Mr. Bhave and Mr. Walve and considered the

petition, reply and rejoinder etc.

2.

The judgment of this court in Stride Multitrade Pvt. Ltd. vs.

Assistant Commissioner of Income Tax And Others

1 relied upon by Mr.Bhave

comes to the aid of petitioner. The facts in Stride Multitrade Pvt. Ltd.

(supra) and the facts in the case at hand are almost identical. In Stride

Multitrade Pvt. Ltd., the appeal with condonation of delay application had

been filed on 6^th February, 2020 where as in the case at hand has filed on

26^th February, 2020. Since, the application for condonation of delay is filed

before the date of circular dated 4^th December, 2020 referred to in the Stride

Multitrade Pvt. Ltd. (supra), this petition also has to be allowed.

1 [2021] 439 ITR 141 (Bom)

Purti Parab

PURTI

PRASAD

PARAB

Digitally

signed by

PURTI

PRASAD

PARAB

Date:

2021.12.10

15:02:13

+0530

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913-WP-2122-2021.doc

2.

Petition is allowed in terms of prayer clause (b) which reads as

under :

(b) Issue a Writ of Mandamus or a writ in the nature of

Mandamus, or any order writ, order or direction under Articles 226

and 227 of the Constitution of India, directing Respondent No.1 to

verify the Petitioner’s Declaration under the VSV Act for AY 2017-

18 (Exhibit G), and to accept the same and issue the consequent

Form 3 under the VSV Rules determining the amount payable by

Petitioner in terms of Section 3 of the VSV Act, and further, direct

the Respondents to exclude the time from the Impugned Order till

the issue of Form 3 for the purpose of determining the cut-off dates

for making payment/s in terms of the VSV Act and the VSV Rules.

3.

Petition disposed.

(AMIT B. BORKAR, J.)

(K.R. SHRIRAM, J.)

Purti Parab