High Court of Gujarat

SANJAY JAYANT DESAIversusOFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE , SURAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: A S SUPEHIAVAIBHAVI D NANAVATI

Holding

Permission to withdraw the writ petition was granted, and the petition was disposed of as withdrawn.

Summary

Petitioner Sanjay Jayant Desai filed a special civil application seeking a writ against the Office of the Assistant Commissioner of Income Tax, Central Circle, Surat. The petitioner, through counsel Mr. Ashutosh S. Dave, requested the court's permission to withdraw the writ petition so that an application could be filed before the Commissioner of Income Tax (Appeals) for an expeditious hearing of the pending appeal. The court considered whether such withdrawal could be permitted at this stage of the proceedings. No substantive merits of the original tax dispute were addressed. The bench, comprising Justice A.S. Supehia and Justice V.D. Nanavati, granted the petitioner's request, allowing the withdrawal and disposing of the writ petition as withdrawn.

Issues considered

Whether the court may grant permission to withdraw a writ petition at the interim stage for the purpose of filing a separate application before the Income Tax Appeals Commissioner.

Subjects

withdrawal of writ petitionincome taxexpeditious hearingspecial civil applicationcourt permission

Judgment

          C/SCA/10461/2026                                                        ORDER DATED: 03/08/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SPECIAL CIVIL APPLICATION NO. 10461 of 2026

   ==========================================================
                           SANJAY JAYANT DESAI
                                  Versus
           OFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX
                          CENTRAL CIRCLE , SURAT
   ==========================================================
   Appearance:
   MR ASHUTOSH S DAVE(8865) for the Petitioner(s) No. 1
   KARAN G SANGHANI(7945) for the Respondent(s) No. 1
   ==========================================================

      CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
            and
            HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                               Date : 03/08/2026

                           ORAL ORDER
    (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)


             Learned advocate Mr.Ashutosh S. Dave seeks permission to
   withdraw the present writ petition, at this stage, with a view to file an
   application before the Commissioner of Income Tax (Appeals) requesting
   for expeditious hearing of the Appeal.
             Permission, as sought for, is hereby granted. The present writ
   petition stands disposed of as withdrawn.

                                                                                         (A. S. SUPEHIA, J)



                                                                          (VAIBHAVI D. NANAVATI,J)
   K.K. SAIYED/16

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: SAIYED KAZIMALI(HC00169), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/08/2026 14:32:57




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