Perfochem India Pvt.ltd v. Deputy Commissioner Of Income-Tax-7(1

1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 635 OF 2009 WRIT PETITION NO. 635 OF 2009 Perfochem India Pvt.Ltd . ... Petitioner Vs. Deputy Commissioner of Income-tax-7(1) Mumbai & Ors. ... Respondents Mr. K.B.Bhujle with Mr. P..Bhujle for the petitioner. Mr. Suresh Kumar for the respondents. CORAM: F.I.REBELLO AND J.H.BHATIA,JJ. J.H.BHATIA,JJ. DATE: 9th April, 2009. DATE: 9th April, 2009. P.C P.C. 1. Rule. Heard forthwith. 2. The petitioner has come to this Court against the order passed by Respondent No.3 while granting stay, directed the petitioner to deposit further amounts to the tune of Rs.55,00,000/-. The petitioner has already paid Rs.22,00,000/- . 2 3. Having heard Counsel, we are of the opinion that a prima facie case is made out and hardship would be caused if the order is not stayed and the appellate authority hear the matter on Monday, the 13th April, 2009. 4. In our opinion, after hearing parties, the ends of justice would be met if the impugned order is set aside and the appellate authority is directed to dispose of the appeal, at any rate, not later than 15 days from 13th April, 2009. 5. The Respondents are directed not to make any further recoveries from the petitioner. 6. the parties to co-operate with the appellate authority. The appellate authority not to grant any adjournment. 7. Rule made absolute accordingly. No order as to costs. (F.I.REBELLO, J.) (F.I.REBELLO, J.) 3 (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)