M/S. J.p.tobacco Products Pvt., Ltd v. The Principalcommissioner Of Income Tax, Jabalpur & Others

W.P.No. 15453/2016 (M/s. J.P.Tobacco Products Pvt., Ltd....Vs. ...The PrincipalCommissioner of Income Tax, Jabalpur & others) --20092016 Shri A.K.Shrivastava and Shri Abhijit Shrivastava, learnedcounsel for petitioner. Shri Shri Sanjay Lal, learned counsel for respondents. Heard the learned counsel appearing for thepetitioner as well as for the respondents at length. It is submitted by the learned counsel for thepetitioner that the petition filed by the petitioner be disposedof with liberty to the petitioner to move the Commissioner ofIncome Tax-I, Jabalpur for the purposes of reconsidering orrecalling the order of stay on an application being filed bythe petitioner without being influenced by the order dated10-08-2016 rejecting the same and for taking fresh decisionin the matter after giving due opportunity of hearing to thepetitioner. In the circumstances, the liberty as prayed for isgranted to the petitioner and the petition filed by thepetitioner is disposed of with an observation that in case thepetitioner does move the authority concerned alongwith acertified copy of the order passed today and a copy of thepetition within two weeks from today, the Commissioner ofIncome Tax-I, Jabalpur shall consider and decide the mct application filed by the petitioner expeditiously inaccordance with law after giving due opportunity of hearingto the petitioner. It is further observed that the Commissioner ofIncome Tax-I, Jabalpur, while considering the petitioner'sapplication shall also consider the contention of thepetitioner that the bank accounts of the petitioner bereleased subject to their immediate deposit of Rs. fifty lactowards as an interim measure. It is made clear that thepetitioner would be at liberty to seek interim order in thecase. With the aforesaid observations/liberty the petitionfiled by the petitioner stands disposed of. C.C. as per rules. (R.S.Jha) (C.V.Sirpurkar) Judge Judge