By Sri: Y v. Raviraj, Advocate

IN THR HIGH COURT OF KARNATAKACIRCUIT BENCH, AT DHARWAD DATED THIS THER 1 DAY OF DECEMBER, 2012 BRHRFO THR HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS W.P. Nos. 64362#64364/2012 (T#IT) BBRTWER' M/S. THE SANDUR MANGANESE &IRON ORES LTD.,LAKSHMIPUR, SANDUR,R/BY ITS CHAIRMAN & MANAGING DIRECTOR,ORI. S.Y. GHORPADE, 8/O. Y.R. GHORPADEAGE: 72 YEARS. _. PRHTITIONBR (BY SRI : H.R. KAMBIYAVAR, ADVOCATE) AND : 1.THE DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE-I, AAYAKAR BHAVAN,STAFF ROAD, FORT,BELLARY RANGE, BELLARY-583101.CIRCLE-I, AAYAKAR BHAVAN,STAFF ROAD, FORT,BELLARY RANGE, BELLARY-583101. 2.THE CHIEF COMMISSIONER OF INCOME TAX,C.R. BUILDING, NAVANAGAR,HUBLI-580 O25.C.R. BUILDING, NAVANAGAR,HUBLI-580 O25. — RBSPONDENTS (BY SRI: Y. V. RAVIRAJ, ADVOCATE) THESEWRIT|PRTITIONSARERILBDUNDERARTICLES 226 AND 227 OF THE CONSTITULIION OF INDIPRAYING TO QUASH THE COMMUNICATION OF THE 2ND RESPONDENTIN-PETITION /CCIT/HBL/2011-12,(ANNE XURE-J) AND ETC RILENO.STAYDATED:09/05/2012 THRBSK PRTITIONS COMING ON FOR PRELIMINARHEARING THIS DAY, THE COURTMADE THR FOLLOWING: ORDER For the assessment year 2007-08 and 2008-09 theappeals filed by petitioner are pending before the respondent— Commissioner. Further it is brought to my notice that therespondent — Commissioner heard the matter in part onseveral hearing dates. When the matter stood at that stage,now the respondents have sent the impugned notice atAnnexure-J directing to pay certain amounts as promised bythe petitioner. In the circumstances, the respondent -Commissioner is hereby directed to expedite the matter andto dispose the appeals in accordance with law. Till thedisposal of the appeals, no coercive steps shall be takenagainst the petitioner for recovery of tax. 2.For the assessment year 2009-10 the petitioner isat liberty to make necessary and fresh stay applicationbeforetherespondentCommissioner, where123 rectification proceedings are pending. It is brought to mynotice that the issue relating to investment on afforestationis held against the revenue. In such an event, therespondent — Commissioner to pass appropriate orders onthe stay application to be filed by the petitioner for theassessment year 2009-10. Accordingly, the writ petitions arehereby disposed of. od/JUDGE 265$