Wp/27711/2015 Of M/S. Vodafone South Ltd v. Deputy Commissioner Of Income Tax

THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN And THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION Nos.27664, 27670, 27711, 27712 & 27725 of 2015 COMMON ORDER:(per Hon’ble Sri Justice Ramesh Ranganathan) Both Sri A.V.A.Siva Kartikeya, learned counsel for the petitioner, and SriB.Narasimha Sarma, learned Senior Standing Counsel for the Income TaxDepartment, would agree that an order, similar to that passed in W.P.No.2456of 2015 and batch dated 26.08.2015, be passed in the present Writ Petitionsalso. Both the learned counsel would submit that in the aforesaid order, whichrelated to a dispute regarding payment of tax, this Court had directed thepetitioner to deposit 40% of the demanded amount and, on compliance, directedstay pending appeal before the Commissioner of Income Tax (Appeals); and,as these cases relate to penalty and as the petitioner has since been compliedwith the condition imposed by this Court, in its order dated 14.09.2015 ofdepositing 20% of the disputed penalty, these Writ Petitions could also bedisposed of granting stay pending disposal of the appeal before theCommissioner of Income Tax (Appeals). As Learned Counsel on either side are in agreement, and as thepetitioner has deposited 20% of the disputed penalty in compliance with theorder of this Court dated 14.09.2015, the respondents shall not take coercivesteps for recovery of the balance penalty till the disposal of the appeal by theCommissioner of Income Tax (Appeals). The Writ Petitions are, accordingly, disposed of. Miscellaneous petitionspending, if any, shall also stand disposed of. There shall be no order as tocosts. 13[th] November, 2015. Tsy ______________________________ RAMESH RANGANATHAN, J __________________________________M.SATYANARAYANA MURTHY, J