M/S. Shree Ganesh Ventures [ Petitioner ]Rep By Its v. The Deputy Commissioner Of Income Tax Business Circle-Xii Kannammai Building

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR.JUSTICE R.MAHADEVAN M/s. Shree Ganesh Ventures [ Petitioner ]Rep by its Partner Sri. Raghav Saraf 14-A Ennore High Road Chennai - 600 019 ...Petitioner Vs 1 The Deputy Commissioner of Income Tax Business Circle-XII Kannammai Building No.611 Anna Salai Chennai - 600 006 2 The Tax Recovery Officer-9 Kannammai Building No.611 Anna Salai Chennai - 600006 [Respondents] Petition filed under Article 226 of the Constitution ofIndia to issue a Writ of mandamus directing the Respondents notto undertake any recovery proceedings in respect of the demandraised for the assessment year 2007-08 pursuant to the impugnedorder of the CIT(A) in ITA No. 305/CIT(A)-5/13-14 dated18.11.2015. For Petitioner : Mr.R.Sivaraman For Respondents : Mr.T.Pramod Kumar Chopda, Heard the learned counsel for the petitioner and Mr.T.PramodKumar Chopda, learned Senior Panel Counsel, who took notice forthe respondents and with their consent, the main writ petitionitself is taken up for hearing. https://hcservices.ecourts.gov.in/hcservices/ issuance of a writ of mandamus to direct the respondents not toundertake any recovery proceedings in respect of the demandraised for the assessment year 2007-08, pursuant to theimpugned order of the CIT(A) in ITA No. 305/CIT(A)-5/13-14 dated18.11.2015, when the matter is taken up for hearing, learnedcounsel for the petitioner would submit that the petitioner iswilling to file an appeal before ITAT, the appellate authority,along with stay application and it would suffice if a directionis given to dispose of the stay application within a time frameand till such time, recovery proceedings shall be kept inabeyance, for which, the learned Senior Panel Counsel appearingfor the respondents has no serious objection. 3. In view of the above, two weeks' time from the date ofreceipt of a copy of this order is granted to the petitioner tofile an appeal against the assessment order in question alongwith a stay application before the appellate authority and onsuch filing, the stay application filed by the petitioner shallbe considered and necessary orders be passed by the appellateauthority within a further period of two weeks. It is made clearthat in the meanwhile, the attachment and other recoveryproceedings already initiated shall be kept in abeyance. The writ petition is disposed of accordingly. No costs.Connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) True Copy To Sub Assistant Registrar 1 The Deputy Commissioner of Income Tax Business Circle-XII Kannammai Building No.611 Anna Salai Chennai - 600 006 2 The Tax Recovery Officer-9 Kannammai Building No.611 Anna Salai Chennai - 600006 +1cc to Mr.T.PramodKumar Chopda, Advocate sr.67769+1cc to Mr.R.Sivaraman, Advocate sr.67517 vg[co]srg 16/12/2015