Between:smt v. Per G.s. Singhvi, C.j

HON’BLE SHRI G.S. SINGHVI, THE CHIEF JUSTICEAND HON’BLE SHRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.4834 of 2007 Between:Smt. V. Vijayalakshmi …Petitioner.AndIncome Tax Officer,Hyderabad& others. ….Respondents. :: O R D E R::Counsel for the petitioner : Shri D. SrinivasCounsel for the respondents : Shri S.R.Ashok 22.03.2007 Per G.S. SINGHVI, C.J. Thispetition is directed against order dated 12.02.2007 passedby Additional Commissioner of Income Tax, Range-7, Hyderabad vide which he rejected the petitioner’s prayer for stay of the demand of taxamounting to Rs.8,12,891/- for the assessment year 2004-05. After arguing the case for some time and on being pointed out bythe Court that in the absence of any perversity in the exercise ofdiscretion by the competent authority, this Court would not interferewith the order passed by the competent authority, learned counsel forthe petitioner made a request that his client may be permitted to applyfor fixation of installments. Shri S.R. Ashok, learned Standing Counsel for Income Tax saysthat if the petitioner appears before the Appellate Authority ie.Additional Commissioner of Income Tax, Range-7, Hyderabad on26.03.2007, her request for fixation of the installments will beconsidered and disposed of within next three days. In view of the statements made by the learned counsel for theparties, the writ petition is disposed of in the following terms: 1)the petitioner’s prayer for quashing order dated 12.02.2007 isdeclined;declined; 2)the petitioner shall appear before the Additional Commissionerof Income Tax, Range-7, Hyderabad on 26.03.2007 between11.00 a.m. and 12.00 noon and make a written request forfixation of the installments; andof Income Tax, Range-7, Hyderabad on 26.03.2007 between11.00 a.m. and 12.00 noon and make a written request forfixation of the installments; and 3)within three days of the submission of the application, thecompetent authority shall pass appropriate order fixing theinstallments of tax payable by the petitioner.competent authority shall pass appropriate order fixing theinstallments of tax payable by the petitioner. While disposing of the writ petition in the manner indicatedabove, we deem it proper to make it clear that the amount deposited bythe petitioner in terms of the demand created by the competentauthority shall remain subject to final adjudication of the appeal. As a sequel to disposal of the writ petition, W.P.M.P.No.6194 of2007 filed by the petitioner for interim relief is disposed of asinfructuous. G.S.SINGHVI, C.J. 22.03.2007ksld C.V.NAGARJUNA REDDY, J.