Wp/506/2011 Of Zydus Nycomed Healthcare Pvt. Ltd v. Assistant Commissioner Of Income-Tax 10(3)(4) And 4 Ors

PGK Writ Petition No.506 of 2011 Zydus Nycomed Healthcare Pvt.Ltd.... Petitioner v/s. Asst. Commissioner of Income-tax10(3)(4) & ors.... Respondents Mr.J.D. Mistry i/by Mr.B.V. Jhaveri for Petitioner.Mr.Suresh Kumar for Respondents.----- SMT.ROSHAN DALVI, JJ. DATED :21st March 2011 P.C.: 1.The Petitioner is aggrieved by the order dated 21[st ]February 2011 passed by the Additional Commissioner of Income Tax, Mumbai, whereby the Petitioner is directed to pay at-least 40% of the outstanding demand relating to the Assessment Year 2007-08. 2.In the present case, the Petitioner has made an application seeking stay of demand before the C.I.T., City-10 on 21[st] of February 2011 and the same was disposed off on the same day, without hearing the Petitioner. Counsel for the Revenue states that the application dated 21[st] February 2011 would be heard by the C.I.T. afresh and an order would be passed after hearing the Petitioner within a period of two weeks from today. 3.In this view of the matter, the impugned order dated 21[st] February 2011 is quashed and set aside and the C.I.T., City-10 is directed to hear the application of the Petitioner dated 21[st] February 2011 in accordance with law.21[st] February 2011 is quashed and set aside and the C.I.T., City-10 is directed to hear the application of the Petitioner dated 21[st] February 2011 in accordance with law. 4.The Respondent shall not take coercive steps till the disposal of the Application dated 21[st] of February 2011 and for a further period of two weeks thereafter, if the order of the CIT is adverse to the Petitioner.disposal of the Application dated 21[st] of February 2011 and for a further period of two weeks thereafter, if the order of the CIT is adverse to the Petitioner. 5.Petition is disposed off accordingly. (ROSHAN DALVI, J.) (J.P. DEVADHAR,J.)