Mr.kisan Brijmohan Pokhriyal v. Income Tax Officer, Ward-3(1

(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.2519 OF 2009 Mr.Kisan Brijmohan Pokhriyal...Petitioner Vs. Income Tax Officer, Ward-3(1) Kalyan & Ors. ..Respondent Shri M.S.Lagu, for the Petitioner Mr. S.K. Bhatnagar with Mr. N.R. Prajapati, for the respondents. CORAM: F.I.REBELLO &J.H. BHATIA, JJ.DATED: 13th April, 2009 CORAM: F.I. J.H. BHATIA, JJ. DATED: 13th April, 2009 P.C.: P.C.: . Rule. Heard forthwith. 2. The petitioner impugns the order dated 6th February, 2009 on several grounds. One of the grounds raised is that the application for stay was dismissed without hearing the petitioner and as such the same suffers from violation of principles of natural justice and fair play as also CBDT Circulars. Considering that the order visits the petitioner with civil consequences, the impugned order dated 6th February, 2009 is quashed and set aside. 3. On behalf of the petitioner, learned Counsel submits that he will be approaching the C.I.T. (A) (-2-) praying for stay. Considering that, the respondent No.1 is directed not to take steps for a period of eight weeks from today to enable the petitioner to move C.I.T. (A) for stay and for any other reliefs thereafter. With the above observation Rule made absolute accodingly. No oder as to costs. (J.H. BHATIA, J.) (F.I.REBELLO, J.) (J.H. BHATIA, J.) (F.I.REBELLO, J.) (J.H. BHATIA, J.) (F.I.REBELLO, J.)