Ltd. Mr. Dayananda Mohapatra, Advocate_ v. Principal Chief Commissioner,_ ….. _Opposite Parties Income Tax, Odisha & Others_

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P (C) No.30604 of 2023 NKS Construction & Engineers Pvt. ….. Petitioner Ltd. Mr. Dayananda Mohapatra, AdvocateVs. Principal Chief Commissioner, ….. Opposite PartiesIncome Tax, Odisha & others Mr. S.S. Mohapatra, Sr. Standing Counsel (Income Tax) CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN ORDER 06.10.2023 Order No.This matter is taken up through hybrid mode. 01. 2. Heard. 01. 2. Heard. 3. The present writ petition has been filed with the following prayer:- “The petitioner, therefore, most humbly prays that this Hon’ble Court may graciously be pleased to issue notice, call for the records related to deposit of TDS for the assessment year, 2017-18 relevant to Financial Year 2016-17; And further be pleased to issue Nule Nisi calling upon the Opp. Parties to show cause as to why the order under Annexure-5 shall not be quashed and as to why the representation under Annexure-6 shall not be considered and further be pleased to direct the Opp. Party No.1 to grant one further opportunity to pay compounding including other expanses and interest (if any)” 4. In course of hearing, learned counsel for the Petitioner states that highlighting its grievance, the Petitioner has made representation to Opposite Party No.3 vide Annexure-6 and the same may be directed to be considered within a stipulated time taking into account the order of this Court dated 20.02.2023 passed in W.P.(C) No.4020 of 2023 (M/s. Kanungo Institute of Diabetes Specialties Pvt. Ltd., Bhubaneswar vrs. Principal Chief Commissioner of Income Tax, Bhubaneswar and another), to which learned Counsel for the opposite parties has no objection. 5. As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.3 to consider the representation filed by the petitioner vide Annexure-6, and pass appropriate order in accordance with law taking into account the order of this Court dated 20.02.2023 passed in W.P.(C) No.4020 of 2023 (M/s. Kanungo Institute of Diabetes Specialties Pvt. Ltd., Bhubaneswar vrs. Principal Chief Commissioner of Income Tax, Bhubaneswar and another) within a period of three months from the date of production of certified copy of this order. Issue urgent certified copy as per Rules. Signature Not VerifiedMRS Digitally SignedSigned by: MANORANJAN SAMALDesignation: PERSONAL ASSISTANTReason: AuthenticationLocation: Orissa High Court, CuttackDate: 06-Oct-2023 18:17:40 (DR. B.R. SARANGI) ACTING CHIEF JUSTICE (M.S. RAMAN) JUDGE