Wp/21739/2008 Of Sri.m.sri Ram Prasad v. Assistant Commissioner Of Income Tax, Circle 3(1)

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNETWO THOUSAND AND NINE PRESENTTHE HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVEAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 21739 of 2008 Between: Sri M. Sri Ram Prasad, S/o.Dr.Kamala Satyanarayana Flat No.201, Rohini Apartments, H.No.8-3-960/12 Srinagar Colony, Hyderabad ..... PETITIONER AND 1 Assistant Commissioner of Income Tax, Circle 3(1), Hyderabad 2 Assistant Commissioner of Income Tax, Circle 6(1), Block 7A, Income Tax Towers, A.C.Guards, Hyderabad Block 7A, Income Tax Towers, A.C.Guards, Hyderabad 3 Additional Commissioner of Income Tax, Range 6 Block 7A, Income Tax Towers, A.C.Guards, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India prayingthat in the circumstances stated in the Affidavit filed herein the HighCourt will be pleased to pass an order or direction especially one inthe nature of writ of Certiorari quashing the consequential order dated12.5.2008 and the penalty order dated 31.7.2008 passed by the 2ndrespondent quantifying the alleged demand and penalty payable bythe petitioner as being against the order of the Income Tax AppellateTribunal and therefore is illegal, and unsustainable in law. Counsel for the Petitioner: MR. S. RAVI Counsel for the Respondents: MR. S. R. ASHOK (S.C. FORINCOME TAX) The Court made the following : ORDER: (per Sri Anil R. Dave, CJ) At the time of hearing of this petition, the learned Advocateshave agreed that the petitioner shall submit an application to theIncome Tax Appellate Tribunal, Hyderabad Bench ‘A’ for rectificationof its order dt.31.12.2007 in I.T. (S.S.) A No.107/Hyd/2003, for theBlock Period 1986-87 to 1996-97. Learned Standing Counsel appearing for the respondentauthorities has fairly submitted that the respondents would not objectto the said application being entertained by the Tribunal. If such an application is filed, we hope that the Tribunal shalldecide the same after hearing the parties within two months from thedate of filing of the application. Till the aforesaid application is finallydecided, and an order passed thereon is communicated to thepetitioner, the impugned consequential orders and the order ofpenalty shall not be implemented. In view of the above order, the petition stands disposed of aswithdrawn with no order as to costs. _____________ ANIL R. DAVE, CJ 22.6.2009 ______________________ RAMESH RANGANATHAN, J bnr Note:1. Registry of this Court shall forward a copy of this order to the a copy of this order to the Income Tax Appellate Tribunal, Hyderabad. 2. Issue C.C. in one week. (B.O) bnr