M/S Sharda Exports Plot v. Commissioner Income Tax Dehradun And Two Others

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 373 of 2012. M/s Sharda Exports Plot No. 11, Sector-4, Sidcul Integrated Industrial Estate, Ranipur Haridwar. …Petitioner. Vs. Commissioner Income Tax Dehradun and two others. …Respondents. Mr. Sandeep Kothari, Advocate, learned counsel for the petitioner. Mr. Hari Mohan Bhatia, learned counsel for the respondents-applicants. Date March 30, 2012. Hon’ble B.S.Verma, J. (Modification Application No. 192 of 2012) Heard on modification application. The order impugned of which modification has been sought for by the respondents was passed in presence of the learned counsel appearing on behalf of the respondents. Now, the respondents cannot raise this plea that the order dated 6-3-2012 had not been served upon the respondents by the petitioner. Despite the direction of this Court, according to the opposite party-petitioner, the stay application of the petitioner-appellant has not been disposed of as yet by the Commissioner of Income Tax (Appeals) [for short CIT(A)]. Learned counsel appearing for the respondents made a prayer that the order may be modified and some time frame may be fixed for final disposal of the appeal also. The order dated 6-3-2012 is modified to the extent only that the appeal, which has been preferred by the petitioner before the CIT (A) be also decided expeditiously, on merits in accordance with law, after hearing both the parties, preferably within a period of eight weeks from the date of this order. The petitioner as well as the Department shall co-operate in the speedy disposal of the appeal. Modification application stands disposed of accordingly. RCP (B.S.Verma,J.)