Wp/12083/2012 Of Som Prakash Garg And Anr v. The Commissioner Of Income Tax And Anr

03/01/2013 W.P. no. 12083/2012 Mr. B.M. Maheshwari, learned counsel for the petitioner. Shri R.L. Jain, Sr. Advocate along with Ms. Veena Mandlik, learned counsel for the respondents. By filing this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged notice issued by respondent on 17/12/2012 ( Annexure- P/1 ) under section 226(3) of Income Tax Act, 1961. According to the petitioner, loan which was obtained by the petitioner from M/s Empire Infrastructures Pvt. Ltd, Indore was repayable by July, 2013. In that circumstance, according to the petitioner, they are ready to make clear amount which is balanced towards the outstanding dues of M/s Empire Infrastructures Pvt Ltd, but by way of some installments payable upto 31[st] July, 2013. Learned Sr. Counsel appearing for the respondents submits that if the petitioner makes appropriate application in that regard to the Asst. Commissioner of Income Tax, the respondent no. 2, the same shall be considered and appropriate decision in that regard shall be taken. In view of the aforesaid stand taken by the parties, we are inclined to give liberty to the petitioner to submit appropriate application in that regard within ten days from today. On submission of such application, second respondent shall consider and take appropriate decision on it in accordance with law as expeditiously as possible, but not later by two weeks from its receipts. Till appropriate decision as aforesaid is taken by amol respondent no. 2, respondents shall not take any coercive steps against the petitioner for recovery of the balance amount.The petition stands disposed of.C c as per rules. ( SHANTANU KEMKAR ) JUDGE ( M.C. GARG ) JUDGE