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S.rahamatulla Baig v. The Commissioner Of Income Tax (Appeals) Viii,Chennai - 600 034

High Court 12 Jul 2017 In favour of: Unclear
Forum / Bench
High Court · hc_cis_mas
Parties
S.rahamatulla Baig v. The Commissioner Of Income Tax (Appeals) Viii,Chennai - 600 034
Date of order
12 Jul 2017
Assessment year(s)
Outcome
Other

The order — as passed by the High Court

Case summary

In S.rahamatulla Baig v. The Commissioner Of Income Tax (Appeals) Viii,Chennai - 600 034, the High Court (2017) decided the matter.

Issue: The counsels on eitherside are unable to report as to whether the Appeals filed by thepetitioner before the first respondent have been disposed ornot.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT MADRAS The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition Nos.19445 to 19447 of 2004andW.P.M.P.Nos.23390 to 23392 of 2004 S.Rahamatulla Baig...Petitioner in all W.Ps. Vs. 1.The Commissioner of Income Tax (Appeals) VIII,Chennai - 600 034. 2.The Commissioner of Income Tax,Pondicherry. 3.The Income Tax Officer,Ward I (1),Villupuram ...Respondents1 to 3 in allW.Ps. Prayer in all W.Ps.Writ Petitions filed under Article 226 of the Constitutionof India, for issuance of Writ of Mandamus, directing thefirst respondent to dispose of the Appeals filed by thepetitioner in I.T.A.Nos.353 to 355 of 2004, as expeditiously aspossible against the order passed by the third respondent forthe assessment years 1998-99 to 2001-2002, dated 29.03.2004,under the Income Tax Act, 1961. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.A.P.Srinivas Heard Mr.S.Rajasekar, the learned counsel appearing for thepetitioner and Mr.A.P.Srinivas, the learned Senior StandingCounsel and Mr.A.N.Jayaprathap, learned Government Advocate forrespondents.2.The petitioner has filed these Writ Petitions, seekingfor a direction upon the first respondent to dispose of the https://hcservices.ecourts.gov.in/hcservices/ Appeals filed by him, in I.T.A.Nos.353 to 355 of 2004, asexpeditiously as possible. 3. The Appeals are filed against the assessment orderspassed by the third respondent for the assessment years 1998-99to 2001-2002, dated 29.03.2004, under the Income Tax Act, 1961(I.T.Act). Pending disposal of the Appeals, the petitioner hassought for a stay of the notices issued under Section 226 (3) ofthe I.T. Act. 4.At the time, when the Writ Petitions were admitted,order of interim stay was granted. The counsels on eitherside are unable to report as to whether the Appeals filed by thepetitioner before the first respondent have been disposed ornot. In any event, since the Appeals are of the year 2004, bynow, definitely, the Appeals would have been disposed of. Inthe event, if the same have not been disposed or, order of staygranted in the year, 2004, shall continue to operate till thedisposal of the Appeals. On the other hand, if the Appealshave already been disposed of, it is open to the petitioner toworkout their remedies in accordance with law, and in that case,the Miscellaneous Petitions, wherein, stay was granted shallstand closed. Sd/-/TRUE COPY/ ASST. REGISTRAR SUB ASST. REGISTRAR To1.The Commissioner of Income Tax (Appeals) VIII,Chennai - 600 034.2.The Commissioner of Income Tax,Pondicherry. 3.The Income Tax Officer,Ward I (1),Villupuram. +1 CC to Mr. Mr.S.Rajasekar Advocate SR.NO.48502/2017+1 CC to Mr. A.P.Srinivas Advocate SR.NO.48956/17 Writ Petition Nos.19445 to 19447 of 2004 (3 cases) VGI(CO)VC (31/10/2017)
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