Wp/28589/2015 Of Hyderabad Metropolitan Development Authority (Hmda) v. The Deputy Commissioner Of Income Tax, Circle - 10(1)

THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN AND THE HON’BLR SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.28589 OF 2015 ORDER:{Per the Hon’ble Sri Justice Ramesh Ranganathan} The communication issued by the first respondent dated 08.08.2015 whereby thepetitioner was directed to pay the arrears by 12.08.2015 is the subject matter ofchallenge in this Writ Petition. The petitioner herein seeks stay of recovery of taxdemanded by the assessing authority pending disposal of their appeals before theIncome Tax Appellate Tribunal (Tribunal). When the matter came up before this Court on 30.09.2015, Sri B.Narasimha Sarma,learned Senior Standing Counsel for Income Tax, submitted that the Special Benchwas likely to be constituted within a week. Consequently the matter was adjournedbeyond Dasara Vacation 2015. Today Sri B.Narasimha Sarma, learned Senior Standing Counsel for Income Tax,would submit that, since a Special Bench has been constituted by the Tribunal, itwould suffice if this Court fixes a time frame for the appeals to be disposed of; andthat no coercive steps would be taken by the Income Tax Department for recovery ofthe tax till the appeals are disposed of by the Tribunal. It would be whollyinappropriate for us to fix a time frame for the Special Bench of the Income TaxAppellate Tribunal to decide the appeals. We, however, request the Tribunal, as thetax demanded is in excess of Rupees 400 crores, to hear and decide the appealswith utmost expedition. Both Sri A.V. Krishna Koundinya, learned Senior Counsel appearing on behalf ofthe petitioners and Sri B.Narasimha Sarma, learned Senior Standing Counsel forIncome Tax, would submit that the Writ Petition could be disposed of with theaforesaid observations. The Writ Petition is disposed of accordingly. There shall be no order as to costs.Miscellaneous petitions, if any, pending shall stand closed. 9[th] November 2015 RRB _______________________ (RAMESH RANGANATHAN, J) ___________________________(M.SATYANARAYANA MURTHY, J)