Haryana State Industrial And Infrastructuredevelopment Corporation Limited v. Assistant Commissioner Of Income Tax, Panchkula

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CWP No. 25472 of 2015Decided on : 05.12.2015 Haryana State Industrial and InfrastructureDevelopment Corporation Limited Versus Assistant Commissioner of Income Tax, Panchkula . . . Petitioner . . . Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Padamkant Dwivedi, Advocate for the petitioner.**** AJAY KUMAR MITTAL, J. (Oral) The prayer in this writ petition filed under Articles 226/227 ofthe Constitution of India, is for issuing a writ in the nature of Certiorari forquashing the impugned letter dated 30.10.2015 (Annexure P-7) rejecting theprayer of the petitioner for keeping the penalty proceedings, under Section271(1)(C) of the Income Tax Act, 1961 (for brevity 'the Act'), in abeyancetill the disposal of the appeal under Section 253 of the Act, which has beenpreferred by the petitioner before the Income Tax Appellate Tribunal (inshort 'ITAT'). 2.After arguing for sometime, learned counsel for the petitionerstates that he may be allowed to withdraw the present writ petition withliberty to the petitioner to file an application before the appropriateauthority by incorporating the grievance as raised in the present writ petition3.Dismissed as withdrawn. It shall, however, be open to thepetitioner to take recourse to the remedies as may be available to it inaccordance with law. (AJAY KUMAR MITTAL) JUDGE December 05, 2015J.Ram (RAMENDRA JAIN) JUDGE