M/S Orbit Commercial Pvt. Ltd., New Delhi v. Commissioner Of Income-Tax (Central), Gurgaon And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH Civil Writ Petition No.7482 of 2014 Date of Order: 05.12.2014 M/s Orbit Commercial Pvt. Ltd., New Delhi ..Petitioner Versus Commissioner of Income-tax (Central), Gurgaon and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE B.S.WALIA Present:Mr. Rishabh Kapoor, Advocate andMr. M.P.Rastogi, Advocate,for the petitioner. Mr. Rajesh Sethi, Advocate,for the respondents. RAJIVE BHALLA, J (Oral) The short prayer made by the petitioner is to quash orderdated 21.02.2014, whereby the petitioner's application for stay ofrecovery of tax pertaining to financial year 2008-09 has beenrejected. Counsel for the petitioner submits that out of a totaldemand of Rs.96 lacs, the revenue has already recovered Rs.76lacs. The balance amount is secured as the petitioner's propertieshave been attached. The interest of revenue having been suitablyprotected, the respondents may be restrained from recovering anyfurther amount and a direction may be issued to the CIT(Appeals), to decide the petitioner's appeal in a time bound manner. Counsel for the revenue submits that the amount duefrom the petitioner is Rs.1,41,18,698/-, which includes interest. Thepetitioner may have paid Rs.76 lacs, but this alone does not entitlethe petitioner any relief. We have heard counsel for the parties, perused the paper book as well as order dated 21.02.2014. A prima-facie perusal of the facts reveals that the taxdemand raised against the petitioner, which is subject matter of anappeal, pending before the CIT(Appeals) is Rs.1,41,18,698/-, andincludes interest. The revenue has received Rs.76 lacs andadmittedly attached properties belonging to the petitioner, therebysuitably securing the interest of the revenue. Consequently, without expressing any opinion on themerits of the controversy, we dispose of the petition by restraining therevenue from resorting to any coercive measures to recover thebalance amount of tax/interest during pendency of the appeal andsimultaneously direct the CIT(Appeals) to decide the appeal filed bythe petitioner within three months of receipt of a certified copy of thisorder. (RAJIVE BHALLA) JUDGE December 05, 2014 nt (B.S.WALIA) JUDGE