M/S. Gondia District Central Cooperative Bank v. Thecommissioner Of Income Tax, Nagpur & Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH, NAGPUR. WRIT PETITION NO. 1453 OF 2013 (M/s. Gondia District Central Cooperative Bank through its Chief Executive Officer vs. TheCommissioner of Income Tax, Nagpur & Ors. ) __________________________________________________________________________ Office Notes, Office Memoramda of Coram,appearances, Court's orders of directionsand Registrar's Orders. Court's or Judge's orders. CORAM : B.P. DHARMADHIKARI &A.B. CHAUDHARI, JJ.APRIL 04, 2013. Heard Shri Bhattad, learned counsel for the petitioner and Shri Parchure, learned counsel for the respondents. Shri Bhattad, learned Counsel states that in compliance with the orders dated 19.03.2013, passed by this Court, the petitioner viz., M/s. Gondia District Central Cooperative Bank Limited, has deposited an amount of Rs. Two crores more and thus 50% of the total assessed liability has been met with. Shri Parchure, learned counsel appearing for the respondents – revenue, has invited attention to the orders passed by the Joint Commissioner of Income Tax on 18.03.2013. He submits that these orders were passed before the orders of this Court and as per those orders, the petitioner was called upon to deposit the balance amount so as to secure total deposit of 60% of the liability. The remaining demand of 40% was stayed till disposal of the appeal. He, therefore, contends that the petitioner should deposit the balance amount of liability or then to furnish adequate security for that purpose. As 50% of the liability is already taken care of, we direct the Joint Commissioner of Income Tax to treat this as sufficient compliance and to decide the appeal as early as possible as directed in Writ Petition No. 1452 of 2013. With these directions, writ petition is disposed of accordingly. However, there shall be no order as to costs. JUDGE JUDGE *GS.