Dilip S. Dahanukar v. Income-Tax Officer,Mumbai

Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 3652 of 2011. ININCOME TAX APPEAL No.1235 of 2008 Dilip S. Dahanukar... Applicant/Appellant.VersusIncome-tax Officer,Mumbai ... Respondent. Mr S.J. Mehta for the appellant.Mr D.A.Athawale for the respondent. CORAM : J.P. Devadhar & A.R. Joshi, JJ.DATE : 20 January, 2012. P.C. :- 1.This notice of motion is taken out by the applicant/appellant seeking directions to the respondent not to take coercive steps for recovery of the penalty levied under Section 271 (1) (c) of the Income-tax Act. Admittedly, the appeal filed by the appellant has been admitted on 11.11.2008 and the same is pending. In these circumstances, pending the hearing and final disposal of the appeal, the respondents are restrained from recovering the penalty levied under Section 271 (1)(c) of the Act, which is the subject matter of Income tax appeal No. 1235 of 2008. The notice of motion is disposed of accordingly. The appeal to come up for hearing after two weeks. (A.R.Joshi,J) (J.P.Devadhar,J.)