W.m.p.nos.4410 To 4412 Of 2017 v. The Income Tax Officer Ward 1, Pondicherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR.JUSTICE RAJIV SHAKDHERW.P.No.4256 of 2017And W.M.P.Nos.4410 to 4412 of 2017 Smt.J.ArunaProp: SSB Industries ... PetitionerVs. 1 The Income Tax Officer Ward 1, Pondicherry. 2 Commissioner of Income Tax (Appeals) Pondicherry DP Thottam (behind Hotel Ananda Inn) Pondicherry. 3 The Commissioner of Income Tax (Pondicherry), DP Thottam (behind Hotel Ananda Inn) Pondicherry. ... Respondents Prayer: Petition filed under Article 226 of the Constitution ofIndia to issue a Writ of Certiorarified Mandamus calling for therecords of the first respondent in AIDPA8264H/ W-1/PDY/2016-17relating to the application made by the petitioner for stay ofdemand, and quash the order dated 08.02.2017 in AIDPA8264H/W-1/PDY/2016-17 passed by the first respondent and direct thefirst respondent not to enforce the demand raised by himpursuant to notice under Section 156 dated 30.12.2016 in respectof assessment year 2014-15, pending disposal of the appealpreferred by the petitioner before the second respondent. For Petitioner : Mr.N.V.Balaji For Respondents : Mr.Rajesh for M/s.J.Narayanasamy 1. Issue Notice. Mr.Rajesh, learned counsel, accepts noticeon behalf of the respondents. With the consent of the learnedcounsels for parties, the writ petition is taken up for hearingand final disposal. https://hcservices.ecourts.gov.in/hcservices/ 2. After some arguments, learned counsel for the petitionersays that, though, the stay application filed with respondentno.1 had not been disposed of and the Bank accounts remainattached, he would be satisfied, if, this Court were to directrespondent no.2 to dispose of the pending appeal, within adefinite time line. 3. Mr.Rajesh, learned counsel for the respondents, whoappears on advance notice, says that there cannot be anyobjection to a direction being issued by this Court qua disposalof the appeal itself. 4. Accordingly, respondent no.2 is directed to dispose ofthe pending appeal filed against the order dated 30.12.2016,pertaining to assessment year 2014-15. 4.1. For this purpose, the petitioner will remain presentbefore respondent no.2 on 06.03.2017 at 11.00 a.m. 4.2. The respondent no.2, after hearing the petitioner and /or its authorized representative, shall pass a speaking order. 4.3. In case, the aforementioned date is not convenient torespondent no.2, he will fix a fresh date, which will beproximate to the date indicated above. 4.4. Needless to say, the entire exercise of disposing ofthe appeal will be completed expeditiously, though, not laterthan 20.03.2017. 5. The writ petition is disposed of in the aforementionedterms. Consequently, the connected miscellaneous petitions areclosed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pri To 1. The Income Tax Officer Ward 1, Pondicherry. https://hcservices.ecourts.gov.in/hcservices/ 2. Commissioner of Income Tax (Appeals) Pondicherry DP Thottam (behind Hotel Ananda Inn) Pondicherry. DP Thottam (behind Hotel Ananda Inn) Pondicherry. 3. The Commissioner of Income Tax (Pondicherry), DP Thottam (behind Hotel Ananda Inn) Pondicherry. DP Thottam (behind Hotel Ananda Inn) Pondicherry. +1cc to Mr.S.Rajesh, Advocate, sr 11575 +1cc to Mr.N.V.Balaji, Advocate, sr 11439 W.P.No.4256 of 2017And W.M.P.Nos.4410 to 4412 of 2017BR(CO)RMP(03/03/17)