M/S SAIFCO CEMENTS PRIVATE LIMITED v. UNION OF INDIA AND ANR. (FINANCE)
WP(C)/1785/2024 · 2025-04-29
Sanjeev Kumar, Vinod Chatterji Koul
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 8483 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8483 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 13 REGULAR LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 1785/2024 M/S SAIFCO CEMENTS PVT. LIMITED …Appellant/Petitioner(s) Through: Mr. Bilal Ahmad Malla, Advocate Vs.
UNION OF INDIA AND ANR. ...Respondent(s) Through: Mr. T.M. Shamsi, DSGI with Ms Rehana Qayoom, Adv. Mr. Umar Rashid, Advocate
CORAM:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDE R 29.04.2025
Learned counsel for the petitioner after arguing for a while seeks leave of this Court to withdraw this writ petition with liberty to file an appeal under Section 260A of the Income Tax Act. He submits that the
order impugned is appealable, but he filed the writ petition on the ground that before coming to this Court, he had filed an application before the Income Tax Appellate Tribunal (ITAT) for recall the impugned order, which was rejected.
Be that as it may, since the remedy of appeal is provided, it would be appropriate for the petitioner to file a formal appeal. The petitioner, therefore, is permitted to withdraw the present petition and the same is, accordingly, dismissed with liberty to file an appeal. Needless to say that in case the petitioner chooses to file an appeal before the Appellate Authority, the period, if any, spent in this Court in these proceedings shall be a eschewed from computation of limitation.
(VINOD CHATTERJI KOUL) (SANJEEV KUMAR)
JUDGE
JUDGE SRINAGAR: 29.04.2025
“ARIF” Arif Hameed I attest to the accuracy and authenticity of this document 02.05.2025