Nic Construction India v. Commissioner Of Income Tax And Another

HIGH COURT OF MADHYA PRADESH AT JABALPUR WRIT PETITION No.8836 OF 2015 NIC Construction India - V/s - Commissioner of Income Tax and another Present: Hon’ble Shri Justice Rajendra Menon.Hon’ble Shri C.V.Sirpurkar ------------------------------------------------------------------------------------ Shri Pratyush Tripathi, counsel for the petitioner. Shri Sanjay Lal, counsel for the respondents. ------------------------------------------------------------------------------------ O R D E R (03-08-2015) Shri Sanjay Lal, learned counsel for the respondents points out that the appellant has not filed any application for stay before the appellate authority, he has only filed Annexure P-3 for keeping assessment order and its recovery in abeyance before the Assessing Officer. 2. Learned counsel for the respondents submits that if the petitioner cooperates, the appeal shall be disposed of at an early date and brought to our notice an order dated 06-07-2015 passed by a Coordinate Bench of this court in W.P.06-07-2015 in W.P.No.10156/2015 under similar circumstances in the following terms : date and brought to our notice an order dated 06-07-2015 passed ” The other relief is to set aside the order dated 19-06-2015 passed on the application preferred by the assesse. The petitioner through counsel concedes that no application for grant of interim relief was moved before the Appellate Authority- respondent no.3. If the petitioner is seeking any interim relief, he is free to move appropriate application hsp before the Appellate Authority. The Appellate Authority has already assured early disposal of the appeal. For that, the petitioner must extend cooperation for early disposal of the appeal. As regard interim relief, we , leave that option to the appropriate Authority and to pass appropriate orders in that behalf, as may be advised.’ 3. Keeping in view the above, we dispose of this writ petition also in terms of the order dated 06-07-2015 passed by a Coordinate Bench of this court in W.P. No.10156/2015. 4. Accordingly, this petition stands disposed of. (RAJENDRA MENON) JUDGE (C.V.SIRPURKAR) JUDGE