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2015 (4) TMI 875

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..... ndharujina i/b Sameer Dalal For The Respondent : Mr. Arvind Pinto, Adocate, Ms. Akshita Mehta, Advocate i/b Kishore Thakordas & Co., ORDER 1. Mr. F.B. Andharujina, learned Senior Counsel for the petitioner seeks liberty to amend the petition to add Commissioner of Income Tax-17 as party respondent and suitably amend the prayer clause. Mr. Pinto, learned Counsel for the revenue has no objection .....

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..... f petitioner's repeated request that the nondeposit does cause them prejudice. 3. The petitioners are Non Residents Indians who in February 2014 alongwith another resident coowner sold immovable property to Respondent No.5 i.e. M/s. Vardhaman Developers Ltd. for a consideration of Rs. 9 Crores. M/s Vardhaman Developers Ltd. after deducting the tax at source at 20% out of the sums payable to e .....

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..... rejudice as they would not be able to upload their return of income for the Assessment Year 201415 which was due to be filed on 31 July 2014. However M/s Vardhaman Developers Ltd. did not act upon the same. Consequently, the petitioners could not upload their return of income for Assessment Year 201415. Thereafter, on 12 August 2014 and 26 December 2014, the petitioners by their Chartered Accounta .....

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..... enue and also the conduct of Respondent No.5 which has resulted in unnecessary harassment of the petitioners. At which time Mr. Pinto, learned Counsel appearing for respondent sought time to take instructions. This on account of the fact that we were of the view that the petitioners should not suffer in any manner for no fault of theirs. Today, Mr. Pinto on instructions states that the Respondent .....

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..... er they receive Form 16A which is generated online, the same would be handed over to the petitioners. 7. In the above view, we adjourn the hearing of petition to enable the petitioners to uploaded its Return of Income and enable Mr. Pinto to take instructions that no penal and/or financial consequence would visit the petitioners only on account of delay in uploading their Returns of Income of Ass .....

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