M/S.mincore Resources (P) Limited v. The Assistant Commissioner Of Income Tax Company Circle Iv (3)

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.7725 of 2011 andM.P.No.1 of 2011 M/s.Mincore Resources (P) Limited,represented by its Director,Mr.Syed Ibunu Moulana5,Second Floor, Kushkumar Road,Nungambakkam, Chennai – 600 034..... Petitioner Versus 1.The Assistant Commissioner of Income Tax Company Circle IV (3) 121, Nungambakkam High Road, Chennai – 34. 2.Income Tax Appellate Tribunal, A-3, II Floor, Rajaji Bhavan, Besant Nagar, Chennai – 600 090. 3.Branch Manager, Standard Chartered Bank,19,Rajaji Salai, Chennai..... Respondents Prayer : Petition filed, seeking for a writ of CertiorarifiedMandamus to call for the notice in PAN/GIR No. dated10.03.2011, relating to the Assessment year 2006-07 issued by thefirst respondent to the third respondent and qush the same andfurther forbearing the first respondent from taking any recoveryproceedings or coercive action for recovery of the disputed demandduring the pendency of the appeal and stay petition before the secondrespondent. O R D E R Heard the learned counsel appearing on behalf of thepetitioner and the learned counsel appearing on behalf of therespondents 1 and 2. 2. In view of the averments made in the affidavit filed insupport of the writ petition and in view of the submissions made bythe learned counsels appearing on either side, this Court finds itappropriate to direct the second respondent to hear and dispose ofthe stay petition filed by the petitioner, on 18.02.2011, inI.T.A.No.2044 of 2011, within a period of two weeks from the date ofreceipt of a copy of this order. Until an order is passed by thesecond respondent, in the stay petition, as directed above, theattachment of the bank account of the petitioner, in the thirdrespondent bank, shall continue. It is also made clear that thefirst respondent shall not appropriate the amount lying in the saidaccount of the petitioner, in the third respondent bank, pursuant tothe impugned notice of the first respondent, dated 10.03.2011, issuedunder Section 226 (3) of the Income Tax Act, 1961. This Writ petition is ordered accordingly. No costs.Consequently, connected Miscellaneous petition is closed. Sd/-Asst. Registrar //true copy// Sub Asst.Registrar cseTo 1.The Assistant Commissioner of Income Tax Company Circle IV (3) 121, Nungambakkam High Road, Chennai – 34. 2.Income Tax Appellate Tribunal, A-3, II Floor, Rajaji Bhavan, Besant Nagar, Chennai – 600 090. A-3, II Floor, Rajaji Bhavan, Besant Nagar, Chennai – 600 090. 3.Branch Manager, Standard Chartered Bank,20,Rajaji Salai, Chennai. 1 cc to M/s.Dr.Anita Sumanth, Advocate, Sr.No.22630 Writ Petition No.7725 of 2011andM.P.No.1 of 2011 NM {CO}TP/8.4.2011.