In Tirupati Balaji Fibers Limited v. Principal Commissioner Of Income Tax & Ors, the High Court (2016) allowed the appeal. The decision went in favour of the assessee.
Decision: The writ petition stands disposed of with the aforesaid direction.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+W.P.(C) 230/2016
TIRUPATI BALAJI FIBERS LIMITED..... PetitionerThrough:Mr Ankit Gupta and Mr Dinesh Mohan
versus
PRINCIPAL COMMISSIONER OF INCOME TAX & ORS. ..... RespondentsThrough:Mr Ashok K. Manchanda
CORAM:HON'BLE MR. JUSTICE BADAR DURREZ AHMEDHON'BLE MR. JUSTICE SANJEEV SACHDEVAO R D E R%11.01.2016
CM No. 978/2016 (exemption)
The exemption is allowed subject to all just exceptions.
W.P.(C) 230/2016 and CM No. 977/2016
One of the grievances of the petitioner is that the appeal filed by the petitionerbefore the Commissioner of Income Tax (Appeals) in respect of the assessment year2007-08 is not being taken up for hearing. On the other hand, the department is pressingfor demands which have been raised by virtue of the assessment order which is underappeal. It is further contended that the stay which was prayed for before the AssessingOfficer has also been rejected.
We have heard the learned counsel for the parties at the first instance and we aredisposing of this writ petition with the direction that the concerned Commissioner ofIncome Tax (Appeals) shall dispose of the appeal filed by the petitioner as expeditiouslyas possible and preferably within eight weeks. In the meanwhile, it would also be open
to the petitioner to move an application before the Commissioner of Income Tax for stayof the demand.
The writ petition stands disposed of with the aforesaid direction.
Dasti.
BADAR DURREZ AHMED, J
JANUARY 11, 2016SU
SANJEEV SACHDEVA, J
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