Mr. Sadiq Sheikh v. M. Kanade

1 IN THE HIGH COURT OF BOMBAY AT GOAWRIT PETITION NOS.128 AND 129 OF 2013 WRIT PETITION NO.128 OF 2013. Mrs. Sadia Sheikh ThroughPOA Mr. Sadiq Sheikh ..Petitioner.Vs.The Dy. Commissioner of Income Tax and 4 Ors. .. Respondents. WITH WRIT PETITION NO.129 OF 2013 Mr. Sadiq Sheikh ..Petitioner.Vs.The Dy. Commissioner of Income Tax and 4 Ors...Respondents. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. Pankaj P. Pai Vernekar, Advocate for the petitioner in both the petitions. Ms. A. Dessai, Advocate for the respondents in both the petitions. Coram:- V. M. KANADE & U. V. BAKRE,JJ. 26th February, 2013 Date: - ORAL ORDER: (Per V. M. Kanade, J.) Heard learned Senior Counsel appearing on behalf of the petitioners and learned Counsel appearing on behalf of the respondents. 2.The grievance of the petitioners in these petitions is that though an appeal has been filed before Commissioner of Income Tax (Appeal) ('CIT(Appeal)' for short) challenging the order of Assessment Officer, who has assessed the income approximately at Rs.13 Crores in respect of the petitioner husband and Rs.13 Crores approximately in respect of his wife, it is contended that the petitioner husband has already deposited an amount of Rs.8 Crores approximately and his wife has deposited an amount Rs.85 Lakhs approximately. In spite of pendency of the appeal and application for stay filed before the CIT(Central), the grievance of the petitioners is that demand notice has been issued and bank accounts of the petitioners, have been attached. 3.Learned Counsel appearing on behalf of the Revenue submits that CIT(Appeal) and CIT(Central) shall decide the appeal and application for stay within two weeks from today. 4.In our view, it would be appropriate if in the meantime, the petitioners are permitted to carry out day to day business operations and to make payments towards statutory liability out of the said bank accounts. Hence, we permit the petitioners to carry out day to day business operations and to make payments towards statutory liability out of the said bank accounts. However, the petitioners shall not withdraw any money for any other purposes from the said bank accounts. 5.An undertaking to that effect shall be filed in this Court within one week and to that extent, the attachment of the bank accounts is lifted. A copy of undertaking shall also be served on the Income Tax Authorities. 6.It is clarified that further recovery is stayed till the decision of the CIT(Appeal) and CIT(Central). 7.With these directions, Writ Petitions stand disposed of. V. M. KANADE, J. SMA U. V. BAKRE, J.