Wp(C)/22727/2015 Of Orissa Mining Corporation Ltd,Bbsr v. Principal Commissioner Of Income Tax,Bbsr

W.P.(C) No.22727 of 2015 04. 29.02.2016 Mr. Acharya, learned Senior Standing Counsel for the Income Tax Department prays for some time to obtain instruction as to the status of the proceeding pending before the Commissioner of Income Tax. Learned counsel for the petitioner submits that although the matter was directed to be fixed for hearing on 5th February, 2016, no hearing took place on the said date and the matter is yet to be acted upon. Considering the fact that the Deputy Commissioner of Income Tax (Opp. Party No.2) is in the process of hearing the matter, we are of the considered view that no purpose would be subserved keeping the writ application pending since hearing is likely to be continued and order is yet to be passed eventually. Therefore, we direct that till the order is passed by Opp. Party No.2, no coercive action shall be taken against the petitioner. We further direct that if the petitioner appears before the Deputy Commissioner of Income Tax (Opp. Party No.2) on 4th March, 2016 along with the certified copy of this order, the Deputy Commissioner shall do well to fix the date of hearing and proceed with the matter in accordance with law. With the aforesaid observation and direction, the writ application is 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.M ahanty, J. ....... Dr.D.P. Choudhury, J. P.T.O Misc. Case Nos.20905 of 2015 and 2460 of 201605. 29.02.2016 In view of the order passed today in W.P.(C) No.22727 of 2015, the present Misc. Cases are disposed of. ... I.M ahanty, J. ..... Dr.D.P.Choudhur y, J. Ranjan