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2015 (5) TMI 1039 - BOMBAY HIGH COURT

2015 (5) TMI 1039 - BOMBAY HIGH COURT - TMI - Attachment of refund - Held that:- As the petitioner is furnishing a Bank Guarantee of a Nationalized Bank for an amount of ₹ 105,95,04,390/- to the satisfaction of the Commissioner of Income Tax, the respondents would vacate the attachment of the refund of ₹ 105,95,04,390/- done under Section 281B of the Act. The Bank Guarantee furnished by the petitioner will be kept alive till the final disposal of the reassessment notices for the Asse .....

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ocate with Nishant Thakkar and Ms. Vinitta Palyekar, Advocates For the Respondents: Mrs. Asha Desai, Advocate ORAL JUDGMENT: (Per M. S. Sanklecha, J.) Rule. Returnable forthwith. 2. Mrs. Asha Desai, learned counsel for the Respondent/Revenue waives service. 3. At the request of the learned counsel the petition is taken up for final disposal. 4. All these three petitions assail three orders dated 19/12/2014 issued unde .....

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ent year 2009-2010. 5. We have heard Mr. Pardiwalla, learned Senior Counsel for the petitioner at some length yesterday in respect of the above three petitions. The petitioner had made a grievance of the manner in which the respondent has dealt with the petitioner in these proceedings and particularly the fact that the Affidavits which were filed on 24/12/2014 in response of the petitioner s writ petition being Nos.679/2014 and 680/2014 seeking direction that the respondent .....

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lf. 6. We find that the petitioner is justified in making a grievance with regard to the Respondents/Revenue's failure to disclose all facts in its affidavit filed on 24/12/2014. We expect the Respondents/Revenue to be fair in its dealing with the Assessee and also to this Court. This attitude is not expected of the State. At this stage except for making the aforesaid observations which we trust that the Revenue would bear in mind and ensure this does not happen in future, we let .....

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