Bombay High Court Directs Assessee To Pay Rs.25,000 to Assessing Officer As The Stay Order Was Not Proactively Communicated
The Bombay High Court bench of Justice K.R.Shriram and Justice N.R.Borkar held that the petitioner should have been proactive and promptly communicated the stay granted by the Court to the Assessing Officer so that he would have had enough time to make enquiries with his advocate and also check on the website about orders passed. The Assessing Officer, G.S. Naveen Kumar, filed...
The Bombay High Court bench of Justice K.R.Shriram and Justice N.R.Borkar held that the petitioner should have been proactive and promptly communicated the stay granted by the Court to the Assessing Officer so that he would have had enough time to make enquiries with his advocate and also check on the website about orders passed.
The Assessing Officer, G.S. Naveen Kumar, filed an Affidavit in compliance with this Court's directions. The Order came to be passed because the petitioner raised a grievance that the stay was granted by the Court on March 14th, 2022, the Assessing Officer had proceeded to issue an Assessment Order on April 30th, 2022, and there was a breach of the order passed by the Court.
The assessing officer explained that the matters were getting time barred; he was only informed that the stay in terms of prayer clause had been granted, but what that prayer was has not been explained; and he was informed of the order only on March 30th, 2022.
The court noted that the petitioner, after obtaining the urgent order from the court, informed the Assessing Officer about the order only after it received a notice dated March 29th, 2022.
"Petitioner is also directed to pay within a period of two weeks from today, a sum of Rs.25,000/- to Mr. Naveen Kumar to take care of the expenses incurred by Mr. Naveen Kumar to travel to Mumbai and for staying in Mumbai to attend to this matter. Of course, Mr. Naveeen Kumar shall not claim separately air fare and accommodation charges from Revenue, upto Rs.25,000/-. Petition to come up for admission on 6th July, 2022. Ad-interim granted earlier to continue till 11th July, 2022," the court said.
Case Title: Armstrong Pure Water Services Pvt. Ltd. Versus Union of India and others
Case No: Writ Petition (L) No. 4659 Of 2022
Citation: 2022 LiveLaw (Bom) 179
Dated: 04/05/2022
Counsel For Petitioner: Advocate Neha Anchlia alongwith Advocate Naresh Jain
Counsel For Respondent: Advocate Swapna Gokhale