Wp/11927/2010 Of Great India Mining (P) Ltd v. The Commissioner Of Income Tax (Appeals-Iii)

THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDYand THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR DATED: 26-05-2010 WRIT PETITION No. 11927 OF 2010 Between: Great India Mining (P) Ltd., rep., by its Managing Director, G. DeepakReddy, S/o G. Padmanabham Reddy, aged about 35 years, 8-2-703/6/A, Road No.12, Banjara Hills, Hyderabad ..... PETITIONER AND The Commissioner of Income Tax (Appeals – III), VIII Floor, A-Block,Income Tax Towers, A.C Guards, Opp. Mahavir Hospitals, MasabTank, Hyderabad and two others .....RESPONDENTS THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDYand THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR WRIT PETITION No. 11927 OF 2010 ORDER:(per Sri B. Seshasayana Reddy, J) This writ petition has been filed assailing notice F.No.W2(2)/G-092, dated 11-04-2010 issued by the Income Tax Officer – respondentNo. 2 attaching a sum of Rs.9,81,735/- against the petitioner’s accountNo. 5961 with the ING Vysya Bank Limited – respondent No.3. The petitioner is a registered company and has been in thebusiness of mining. The petitioner filed returns for the assessmentyear 2007-08 on 15-11-2007. The 2[nd] respondent issued noticesunder Sections 143 (2) and 142 (1) of the Income Tax Act, 1961 andpassed the order on 29-12-2009 assessing the amount payable by thepetitioner at Rs.11,21,735/-. Aggrieved by the same, the petitionerfiled an appeal before the Commissioner of Income Tax (Appeals – III)– respondent No.1. He also moved an application seeking interimstay. There being no stay, the 2[nd] respondent issued the impugnednotice dated 11-04-2010 attaching a sum of Rs.9,81,735/-. Hence, thiswrit petition. Heard the learned counsel appearing for the petitioner and perused the material brought on record. Learned counsel appearingfor the petitioner submits that the petitioner filed an appeal andpending the appeal, if the amount determined by the 2[nd] respondent isrecovered, the very purpose of filing the appeal will be defeated. It is a matter of record that the petitioner filed an appeal beforethe 1[st] respondent and also moved the stay application. It is for thepetitioner to get the stay application disposed of by the appellateauthority. It is not a fit case to grant any relief in exercise of jurisdictionof this Court under Article 226 of the Constitution of India. Accordingly,the writ petition is dismissed at the admission stage. B. SESHASAYANA REDDY, J 26-05-2010ks B. CHANDRA KUMAR, J