M/S Punjab Urban Planning And Development Authority v. Commissioner Of Income Tax Ii, Chandigarh And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH Civil Writ Petition.No.15004 of 2011Date of decision: 17.8.2011 M/s Punjab Urban Planning and Development Authority ...Petitioner Versus Commissioner of Income Tax II, Chandigarh and another Respondents ... CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOELACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AJAY KUMAR MITTALPresent: Mr. Ravi Shankar, Advocate for the petitioner. Adarsh Kumar Goel, ACJ. Notice of motion. Ms. Urvashi Dhugga, Senior Standing Counsel, presentin Court, accepts notice. This petition seeks quashing of order dated 5.8.2011,Annexure P.10 passed by the Commissioner of Income Tax II,Chandigarh rejecting prayer for stay of demand arising out of order of penalty passed by the Assessing authority against which appeal ispending before the Commissioner of Income tax (Appeals). We have heard learned counsel for the parties. Having regard to the facts and circumstances of the case,we are of the view that recovery to the extent of 50% of the demand raised on the basis of impugned order should remain stayed pendingdecision of appeal. The appeal may be decided expeditiously and asfar as possible within three months from the date of receipt of a copyof this order. The petition is disposed of accordingly. (Adarsh Kumar Goel) Acting Chief Justice August 17, 2011‘gs’ (Ajay Kumar Mittal) Judge