Wp/33050/2011 Of M/S Bangalore Metro Rail Corporation Limited v. The Assistant Commissioner Of Income Tax (Tds)

IN THE HIGH COURT OF KARNATAKA AT BANGALOREDATED THIS THE 19 DAY OF JULY 2012 BEFORE THE HON'BLE MR. JUSTICE H. G. RAMESH"WRIT PETITION No.33050 OF 2011 (TIT) BETWEEN: M/S. BANGALORE METRO RAIL CORPORATION LIMITED3 FLOOR, BMTC COMPLEX, K.H. ROADSHANTHINAGAR, BENGALURU-56002 (REPRESENTED BY ITS GENERAL MANAGER (FINANCE)SRI U.A. VASANTH RAOAGED ABOUT 60 YEARSS/O LATE U L ANANDA RAO PETITIONER (BY SRI CHYTHANYA K.K. ADVOCATE) AND THE ASSISTANT COMMISSIONER OF INCOME TAX (TDS)CIRCLE —- 16(1), FLOOR]HM! BHAVAN7 59 BELLARY ROADBENGALURU-560 032 RESPONDENT (BY SRI M.V. SESHACHALA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 276AND 22/7 OF THE CONSTITUTION OF INDIA PRAYING TQUASH AS FAR AS THE PETITIONER IS CONCERNED BY ANAPPROPRIATE.WRIT,OR|ORDER|IN|THE|NATUREOFCERTIORARI OR OTHERWISE, THE IMPUGNED ORDER PASSEDBY THE LEARNED RESPONDENT, UNDER SECTION 201(1) &201(JA)OF.THE|INCOME|TAXACT, 1961,VIDEFNO.BLRBOO0878D/10-11/C-16(1), DATED 29.07.2011, FOR THASSESSMENT YEAR 2011-12, HEREWITH ENCLOSED ASANNEXURE A & EITC. THIS WRIT PETITION COMING ON FOR ORDERS THISDAY, THE COURT MADE THE FOLLOWING: ORDER H.G.RAMESH, J. (Oral): Sri.CnythanyaK,.K.,learnedCounselappearing for the petitioner, after arguing thematter for some time, submits that the petitionermay be permitted to withdraw the Writ Petitionwith liberty to the petitioner to avail of theStatutory|remedyOT|appealprovided:587/Sec.246A(1)(ha) of the Income Tax Act, 1961. HeSubmits that the petitioner may be permitted filethe appeal within two weeks from today againstthe order at Annexure A’ & tne demand notice atAnnexure “B’ and tnat the petitioner will pay alongwith the appeal memorandum a sum of RupeesFive Crores relating to the impugned demand,which may be made subject to the result of theappeal to be filed. 2.Sri M.V. Sesnachala, learned standing counselappearing for the respondent fairly and rightlysubmits that the Writ Petition may be disposed ofin terms suggested by the learned counsel for thepetitioner. He further submits that the appellateauthority will dispose of the appeal within twomonths from the date of its filing. He also submitsthat the appellate authority will consider the appealon merits by condoning the delay, if any, in filingthe appeal. In view of the above, I make thefollowing order: Tne Writ Petition is dismissed as witndrawn.The petitioner is permitted to avail of the statutoryremedy of appeal within two weeks from today bydepositing Rupees Five Crores in respect of theimpugned demand. The said deposit shall besubject to the result of the appeal. The appellate authority shall dispose of the appeal within twomonths from the date of its filing. Registry snall forthwith return Annexures A’ &‘B’ to the learned counsel for the petitioner toenable the petitioner to file the appeal. The Writ Petition stands disposed of in theabove terms. In view of disposal of the WritPetition, I.A.No.1/2012 filed for vacating of theinterim stay does not survive for consideration; itstands disposed of accordingly. Petition disposed of. Sd/-JUDGE BNS