Wp/13307/2019 Of Mradul Dubey v. Income Tax Officer

The High Court Of Madhya PradeshWP-13307-2019 (MRADUL DUBEYVs INCOME TAX OFFICER) [22][-][07][-][2019]Jabalpur, Dated : Shri Nitin Agrawal, learned counsel for the petitioner. Shri Sanjay Lal, learned counsel for respondent No.1. Heard. The petitioner has filed this petition being aggrieved by denial of stay by the Assessing Officer in the income tax proceedings. Admittedly, the petitioner has already approached the JointCommissioner by filing an application seeking review or reconsideration ofhis application for stay. It is pointed out by the learned counsel appearing for the Revenue thatas per Circular dated 29.2.2016 the petitioner can approach the PrincipalCIT/CIT for review of the decision of the Assessing Officer, refusing orgranting stay. In the circumstances, as the petitioner has an alternative efficaciousstatutory remedy to approach the departmental authorities, the petition filedby the petitioner is disposed of with liberty to the petitioner to do so in termsof the office memorandum/circular dated 29.2.2016. It goes without saying that in case the petitioner has already done so ordoes so afresh within two weeks from today, the authority concerned shallconsider and decide the same as expeditiously as possible in accordance withlaw. With the aforesaid liberty, the petition filed by the petitioner standsdisposed of. C.C as per rules. (RAVI SHANKAR JHA)ACTING CHIEF JUSTICE (VIJAY KUMAR SHUKLA)JUDGE mrs. mishra