V.premalatha v. The Commissioner Of Income Tax Central I, New

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 28.01.2010 CORAMTHE HONOURABLE MR. JUSTICE M.JAICHANDREN W.P. Nos.23066 and 23067 OF 2009andM.P.Nos.1 and 1 of 2009 Mr.V.Vijayakant.. Petitioner in W.P.No.23066 of 2009 V.Premalatha.. Petitioner in W.P.No.23067 of 2009Versus 1.The Commissioner of Income Tax Central I, New No.46, Old No.108, M.G.Road Nungambakkam, Chennai- 600 034.2.The Commissioner of Income Tax(Appeals I) New No.46, Old No.108, M.G.RoadNungambakkam,Chennai- 600 034. 3.The Assistant Commissioner of Income Tax,Central Circle I (2)New No.46, Old No.108, M.G.RoadNungambakkamChennai- 600 034... Respondents in both W.P.'s PRAYER IN W.P.NO.23066 OF 2009: Writ petition has been filed underArticle 226 of The Constitution of India to issue a Writ ofCertiorarified Mandamus to call for the records of the firstrespondent in C.No.1571/56-62/C-I/2009-10 and to quash the orderdated 30.09.2009 and direct the first respondent to grant absoluteand unconditional stay of collection of tax demand and interestrelating to the assessment years 2001-02 to 2007-08 pendingdisposal of the appeals before the second respondent. PRAYER IN W.P.NO.23067 OF 2009: Writ petition has been filed underArticle 226 of The Constitution of India to issue a Writ ofCertiorarified Mandamus to call for the records of the firstrespondent in C.No.1571/42-48/C-I/2009-10 and to quash the orderdated 06.10.2009 and direct the first respondent to grant absoluteand unconditional stay of collection of tax demand and interestrelating to the assessment years 2001-02 to 2007-08 pendingdisposal of the appeals before the second respondent. For Respondents : Mr.K.Subramanian, (in both W.P.'s)C O M M ON O R D E R Though the prayer sought for by the petitioners in thepresent writ petitions is for a larger relief, the learned counselappearing on behalf of the petitioners has submitted that it wouldsuffice, if the Appeals, in WTA Nos. 1 to 7 of 2010 and WTA Nos.8to 14 of 2010 , are directed to be disposed of by the secondrespondent, on merits, within a specified period. 2. The learned counsel appearing on behalf of therespondents, has no objection for such an order being passed bythis Court. 3. Accordingly, the second respondent is directed to disposeof the Appeals, in TA Nos. 1 to 7 of 2010 and WTA Nos.8 to 14 of2010 , on merits and in accordance with law, within a period often weeks from the date of receipt of a copy of this order. Thepetitioners shall co-operate in the hearing of the Appealproceedings. With the above directions, these Writ Petitions are disposedof. Consequently connected Miscellaneous Petitions are closed. Sd/- Asst.Registrar. /true copy/ arr/vs Sub Asst.Registrar. https://hcservices.ecourts.gov.in/hcservices/ To 1.The Commissioner of Income Tax Central I, New No.46, Old No.108, M.G.Road Nungambakkam, Chennai- 600 034. 2.The Commissioner of Income Tax(Appeals I) New No.46, Old No.108, M.G.RoadNungambakkam,Chennai- 600 034. 3.The Assistant Commissioner of Income Tax,Central Circle I (2)New No.46, Old No.108, M.G.RoadNungambakkamChennai- 600 034. 2 ccs to Mr.R.Sivaraman, Advocate, SR. 5391, 53921 cc to Mr.K.Subramaniam, Advocate, SR. 5162 W.P. Nos.23066 and 23067 OF 2009and M.P.Nos.1 and 1 of 2009 NM (CO)kk 24/2