K. Venkatakrishnan v. Principal Commissioner Of Income Tax-10

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE Hon'ble Mr.JUSTICE M. DURAISWAMYW.P.No.11610 of 2016andWMP No.10009 and 10010 of 2016 K. Venkatakrishnan .. Petitioner Vs. 1. Principal Commissioner of Income Tax-10, 6[th] floor, Annex Building, M.G. Road, Nungambakkam, Chennai – 600 034 2. Tax Recovery Officer, O/o the Commissioner of Income Tax -10, Chennai – 34 3. The Wealth Tax Officer, Non-Corporate Ward 20(2), Room No.406, 4[th] floor, Wanarparthy Block, 121, M.G. Road, Nungambakkam, Chennai – 600 034 .. Respondents Writ Petition filed under Article 226 of the Constitution ofIndia praying this Court to issue a Writ of Certiorari to callfor the records of the second respondent herein inT.R.No.199/13-14/PCIT 10 and quash the order dated 26.02.2016. For Petitioner:Ms.J.Sree VidyaFor Respondents:Ms.V.Pushpa forMr.M.SwaminathanStanding Counsels The petitioner has filed the above writ petition to issue aWrit of Certiorari to call for the records of the secondrespondent herein in T.R.No.199/13-14/PCIT 10 and quash theorder dated 26.02.2016. 2.It is the case of the petitioner that his father lateDeenadayulu Reddy owned a property in Alandur and executed aRegistered General Power of Attorney coupled with anunregistered agreement for sale in favour of one S.P. Velayuthamon 23.08.2006 and handed over vacant possession and title deedsof the said property to the said purchaser and received the saleconsideration for the same. The said Deenadayulu Reddy filedreturns under the Income Tax Act for the Assessment Year 2007-08and claimed exemption under the Capital Gains for the sale ofthe said property. Subsequently, the said Deenadayulu Reddy haddied on 26.08.2009. After the death of Deenadayulu Reddy, thesecond respondent issued a Notice to the petitioner, as thelegal heir of the said Deenadayulu Reddy, proposing to makewealth tax assessment on his deceased father for the assessmentyear 2007-2008. The petitioner filed "NIL" return on behalf ofhis deceased father and explained that with effect from23.08.2006, his father had transferred the property in favour ofthe power agent and therefore, his father was not liable towealth tax for the Assessment Year 2007-2008. However, the thirdrepsondent passed an order on 27.03.2015. As against, thepetitioner filed an appeal along with stay petition before thefirst appellate authority and the same is pending. 3.Ms.V. Pushpa, learned Standing counsel, taking noticefor the respondents, submitted that since the appeal, preferredby the petitioner, is pending before the first appellateauthority, the first appellate authority may be directed todispose of the appeal within a stipulated time. 4.The learned counsel for the petitioner also submittedthat the first appellate authority may be directed to dispose ofthe appeal, preferred by the petitioner, within a stipulatedtime and till such time, the respondents may be directed tomaintain status-quo. 5.Having regard to the submissions made by the learnedcounsel on either side, the first appellate authority isdirected to dispose of the appeal, filed by the petitioner, onmerits and in accordance with law, within a period of eightweeks from the date of receipt of a copy of this order and therespondents are directed to maintain status-quo till thedisposal of the appeal. With this observation, the writ petition is disposed of. No costs. Consequently, connected Mps are closed. sr Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1. The Principal Commissioner of Income Tax-10, 6[th] floor, Annex Building, M.G. Road, Nungambakkam, Chennai – 600 034 2. Tax Recovery Officer, O/o the Commissioner of Income Tax -10, Chennai – 34 3. The Wealth Tax Officer, Non-Corporate Ward 20(2), Room No.406, 4[th] floor, Wanarparthy Block, 121, M.G. Road, Nungambakkam, Chennai – 600 034. is disposed of. No costs. Consequently, connected Mps are closed. sr Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1. The Principal Commissioner of Income Tax-10, 6[th] floor, Annex Building, M.G. Road, Nungambakkam, Chennai – 600 034 2. Tax Recovery Officer, O/o the Commissioner of Income Tax -10, Chennai – 34 3. The Wealth Tax Officer, Non-Corporate Ward 20(2), Room No.406, 4[th] floor, Wanarparthy Block, 121, M.G. Road, Nungambakkam, Chennai – 600 034. + 1 cc to Mr.M.Swaminathan, Advocate Sr 19619+ 1 cc to Ms.J.Sree Vidya, Advocate Sr 19468 KR/30/3/16 W.P.No.11610 of 2016 https://hcservices.ecourts.gov.in/hcservices/