Wp/4517/2015 Of M/S A.p. Beverages Corporation Limited v. The Commissioner Of Income Tax-I

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.4517 of 2015 DATED:26.02.2015 Between:M/s. A.P. Beverage Corporation Limited,Hyderabad. And … Petitioner The Commissioner of Income Tax-I,Hyderabad and others. ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.4517 of 2015 Order:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) The writ petition is thoroughly mis-conceived as we do notfind any reason to entertain this matter. The fact remains that the Assessing Officer has alreadypassed the assessment order under the Income Tax Act, 1961quantifying a sum of Rs.1468,63,95,620/- and this order ofassessment still remains unchallenged. As a result, recoveryproceedings have been initiated by attaching the bank account ofthe petitioner. We do not find any illegality and infirmity in the action atpresent. Therefore, the writ petition is dismissed. However, liberty is given to the petitioner to approach theappropriate forum. This order of dismissal will not prevent andprejudice the petitioner from approaching the appropriateauthority. Consequently, pending miscellaneous applications shallalso stand closed. No order as to costs. __________________ K.J. SENGUPTA, CJ _________________ SANJAY KUMAR, J 26[th] February, 2015 Pnb