Wp/12387/2022 Of Annapurna Bhogireddy v. The Pr. Commissioner Of Incometax-1

THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.12387 of 2022 ORDER:- (per the Hon’ble Sri Justice C. Praveen Kumar) Heard both sides. Perused the record and with their consent, the Writ Petition is disposed of at the admission stage. 2. The present writ petition came to be filed seeking issuance of a Writ of Mandamus declaring the order passed by 1[st] respondent vide Document Identification Number (DIN) – ITBA/COM/F/17/2021-22/1040377326(1), dt.04.03.2022 as bad in law and against CBDT guidelines and instructions and consequently direct 1[st] respondent to consider the application dated 04.11.2021 afresh in accordance with law. 3. Vide an order dated 29.04.2022, this Court passed the following order, reads as under:- “Smt. Kiranmai, learned Standing Counsel, takes notice for respondents. Having regard to the submissions made by the learned counsel for the petitioner and taking into account the averments mentioned in the supporting affidavit of the Writ Petition, there shall be interim stay as prayed for, subject to the petitioner paying a sum of Rs.50,00,000/- (Rupees fifty lakhs only) in 4 equal monthly instalments, commencing from 10[th] May, 2022. It is also made clear that in the event of non-adherence to the said condition and failure to deposit any one of the instalments, this order automatically stands vacated. It is also made clear that the pendency of the Writ Petition shall not be construed as stay of appeal before the appellate authority and it is open for the appellate authority to proceed with the appeal filed by the petitioner. Post after Summer Vacation, 2022.” 4. Today, when the matter is taken up for hearing, learned counsel for the petitioner as well as Smt. M. Kiranmayee, learned Standing Counsel for Income Tax, would submit that the 1[st] respondent may be directed to dispose of the First Appeal filed by the petitioner before the 1[st] respondent in accordance with law as early as possible, preferably within a period of four (4) months from today. 5. Taking into consideration the facts in issue, the present Writ Petition is disposed of directing the 1[st] respondent to deal with the appeal filed by the petitioner, which is pending consideration before the 1[st] respondent against the recovery proceedings issued by the 3[rd] respondent, as expeditiously as possible preferably within a period of four (4) months from today. However, it is also made clear that the petitioner herein shall comply with the interim order passed by this Court on 29.04.2022 pending disposal of the Appeal. If the petitioner commits any default in payment of the instalments, the Assessing Officer may take steps for recovery of the said amount from the petitioner. CPK,J & TRR,J W.P.No.12387 of 2022 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _______________________________ JUSTICE C.PRAVEEN KUMAR _________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 27.06.2022 MS THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.12387 of 2022(per the Hon’ble Sri Justice C. Praveen Kumar) Date:27.06.2022 MS