Wp/8278/2012 Of National Thermal Power Corporation Limited v. Income Tax Officer

THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKURAND THE HON’BLE SHRI JUSTICE B.N. RAO NALLA W.P. No.8278 of 2012 --DATED: 29032012 Between: National Thermal Power Corporation Ltd.,Visakhaptnam. And … Petitioner The Income Tax Officer and another. … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKURANDTHE HON’BLE SHRI JUSTICE B.N. RAO NALLA Writ Petition No.8278 of 2012 ORDER:(per the Hon’ble the Chief Justice Shri Madan B. Lokur) 1. The grievance of the petitioner is that a demand has beenraised by the Revenue for the assessment years 2007-2008, 2008-2009and 2009-10. It is stated that appeals are pending before the IncomeTax Appellate Tribunal in respect of the assessment years 2007-2008and 2009-10 and in respect of assessment year 2008-2009, an appeal ispending before the Commissioner of Income Tax (Appeals). 2. It is stated that the petitioner was desirous of moving anapplication for stay before the Income Tax Appellate Tribunal. But sincea Bench was not available, no such application could be moved. 3. It is stated that now a Bench has been constituted atVisakhapatnam for the week commencing from 9.4.2012. The petitionerwill be moving an application for stay before the Tribunal on or before2.4.2012. It is stated that efforts will be made to have the applicationlisted before the Tribunal on 9.4.2012. 4. In this view of the matter, learned counsel for the petitionerdoes not press this writ petition, but seeks liberty to move the Tribunalwith a stay application. 5. We accordingly dispose of this writ petition as not pressed,but make it clear that the respondents will not take any coercive stepsuntil the stay application is taken up by the Tribunal in the weekcommencing from 9.4.2012. 6. The miscellaneous application is also disposed of. MADAN B. LOKUR, CJ 29-03-2012pnb B.N. RAO NALLA, J