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High Court of Gujarat

AMITA SANJAY DESAIversusOFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 3, SURAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The Court granted permission to withdraw the writ petition, disposing of it as withdrawn.

Summary

The petitioner, Amita Sanjay Desai, filed a special civil application seeking a writ against the Office of the Assistant Commissioner of Income Tax, Central Circle 3, Surat. The petitioner’s counsel, Mr. Ashutosh S. Dave, requested 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 appeal. The Court considered whether it could allow withdrawal of a writ petition at that stage. The Court held that permission may be granted and allowed the withdrawal. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

  • Whether the Court may grant permission to withdraw a writ petition at the stage of proceedings.

Subjects

writ petitionwithdrawalincome taxexpeditious hearingcivil application

Judgment

         C/SCA/10472/2026                                                        ORDER DATED: 03/08/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/SPECIAL CIVIL APPLICATION NO. 10472 of 2026

 ==========================================================
                          AMITA SANJAY DESAI
                                 Versus
         OFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX
                       CENTRAL CIRCLE 3, 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/17

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 14:34:07




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