Wp(C)/1422/2016 Of Sohanlal Gupta v. Chief Commissioner Of Income Tax,Bbsr

W.P.(C) No.1422 of 2016 04. 26.02.2016 Heard Mr. D. Pati, learned counsel for the petitioner and Mr. S.K. Acharya, learned Senior Standing Counsel for the Income Tax Department. It appears from the pleadings that the petitioner has filed a second appeal against the First Appellate order dated 24.11.2015 passed by the Commissioner of Income Tax (Appeals) under Annexure-3. It is stated that the second appeal has been filed before the Income Tax Appellate Tribunal along with interim application seeking stay of demand pending second appeal. Admittedly, the Tribunal has yet to hold sitting at Cuttack and Mr. Acharya, learned Senior Standing Counsel for the Department submits that it is likely to hold sitting in the month of March, 2016 at Cuttack. In view of the aforesaid submission, we direct that no coercive action shall be taken against the petitioner till the matter is taken up and passing of the order on the interim application by the Tribunal. We further direct the Tribunal also to take up the application for interim relief at an early date once it sits at Cuttack. With the aforesaid observations and directions, the writ application i s disposed of. Free copy of this order be handed over to the learned counsel for the Income Tax Department. Urgent certified copy of this order be granted on proper application. ... I. Mahanty,J. ......... Dr.D.P. Choudhury,J.