Wp/19021/2006 Of Ghanta Narendra v. Commissioner Of Income Tax (Appeals)

THE HON’BLE SRI JUSTICE BILAL NAZKIAND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.19021 of 2006 Date: 17-01-2007. Between : Ghanta Narendra. …..Petitioner And Commissioner of Income Tax (Appeals), Guntur & another. …..Respondents. THE HON’BLE SRI JUSTICE BILAL NAZKIANDTHE HON’BLE SRI JUSTICE NOOTY RAMAMOHANARAO WRIT PETITION No.19021 of 2006 ORDER: (Per Hon’ble Sri Justice Bilal Nazki) Heard learned counsel for the petitioner and thelearned Government Pleader. It appears that an appeal is pending before theappellate authority being appeal No.0052/05-06. This writpetition has been filed by the assessee, seeking adirection to the respondents to dispose of the appeal, butthe petitioner has also prayed that the appeal be disposedof after furnishing the copies of the documents for which arequest had been made by petitioner in his letters dated12.12.2005, 27.02.2006, 08.03.2006 and 05.05.2006. The learned counsel for respondents has drawn ourattention to one of the letters, dated 14.12.2005, in whichthe petitioner was informed, “It is hereby clarified that youcan have a look at the documents with the AssessingOfficer and also take copies of the said documents whichyou feel necessary”. Even after such information, according to the respondents, the petitioner neverapproached them and it is only to delay the disposal ofappeal that this writ petition had been filed. In this factual situation, we dispose of the writpetition directing the petitioner to approach therespondents with a request for copies of documents withinten days, and after giving him the documents, therespondents may dispose of the appeal within one monththereafter. If the petitioner does not approach therespondents within ten days for the documents, therespondents shall not be bound to furnish any copies ofthe documents. With these directions, the writ petition is disposed of. _______________ BILAL NAZKI, J 17[th] January 2007. __________________________________ NOOTY RAMAMOHANA RAO, J N.B:Furnish copy in two days. (B/o) ajr