S.arputharaj v. The Deputy Commissioner Of Income Tax, Central Circle-1, Coimbatore

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 16.05.2018 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIANW.P.No.12569 of 2018 S.Arputharaj....petitioner versus 1.The Deputy Commissioner of Income Tax, Central Circle-1, Coimbatore. 2.The Tax Recovery Officer, Central-2, Income Tax Department, Room No.322, 3[rd] Floor, New No.46, MG. Road, Chennai-34.3.The Commissioner of Income Tax, Appeals-18, Chennai-34. ... Respondents Petitions filed under Article 226 of the Constitution ofIndia, for issuance of a Writ of certiorari to call for theentire records relating to impugned demand notice in TRC No.80-86/CR-2/2016-17 & 29/CR-2/2015-16 dated 07.05.2018, issued bythe second respondent and quash the same. For Petitioner : Mr.T.P.Prabakaran for M/s.N.SankarasabariFor Respondents : Mr.A.P.Srinivas, SC Challenge in this writ petition is to the demand noticeissued to the petitioner by the Department dated 07.05.2018. 2. Mr.T.P.Prabakaran, learned counsel appearing for thepetitioner submits that his appeal against the orders of thethird respondent is pending before the Income Tax AppellateTribunal alongwith the stay petitions. According to the learnedcounsel, for the reasons best known, the Income Tax AppellateTribunal has not taken the appeal on file. Keeping the appeal https://hcservices.ecourts.gov.in/hcservices/ pending, the Department seeks to recovery of tax, is thegrievance of the petitioner. 3. Mr.A.P.Srinivas, learned Senior Counsel takes notice onbehalf of the respondents. 4. Considering the limited prayer sought for, this writpetition is disposed of with a direction to the Income TaxAppellate Tribunal to consider the appeal filed by thepetitioner, which is pending on his file alongwith the staypetitions and pass appropriate orders in accordance with lawwithin a period of two weeks from the date of receipt of a copyof this order. Till such time, the recovery proceedings areput on hold. No costs. Consequently, connected miscellaneouspetitions are closed. Sd/-Vacation officer/Assistant Registrar//True Copy// Sub Assistant RegistrardnTo 1.The Deputy Commissioner of Income Tax, Central Circle-1, Coimbatore. 2.The Tax Recovery Officer, Central-2, Income Tax Department, Room No.322, 3[rd] Floor, New No.46, MG. Road, Chennai-34. 3.The Commissioner of Income Tax, Appeals-18, Chennai-34. Appeals-18, Chennai-34. +1cc to Mr.N.SANKARASABARI, Advocate, S.R.No.33654 +1cc to Mr.A.P.SRINIVAS, Advocate, S.R.No.33723W.P.No.12569 of 2018 RJ(CO) TR(18/05/2018)