Wp(C)/23742/2017 Of Rajesh Gadodia v. Principal Commissioner Of Income Tax,Sambalpur

04. 09.01.2018 W.P.(C) No.23742 of 2017 Heard Mr. S. Ray, learned counsel for the petitioners and Mr. S.S. Mohapatra, learned Senior Standing Counsel for the Income Tax Department. In both the aforesaid writ applications, the petitioner-Rajesh Gadodia in W.P.(C) No.23742 of 2017 and the petitioner-Archana Gadodia in W.P(C) No.23743 of 2017 have sought to challenge a conditional order of stay granted by the Principal Commissioner of Income Tax, Sambalpur for the assessment year 2014-15 in which he has noted that there shall be stay of further demand subject to the petitioners depositing 20% of the outstanding demand in instalments fixed in the said letter dated 31.10.2017. Mr. Ray, learned counsel for the petitioners raises various contentions in support of the writ applications. It is not necessary for us to presently deal with the same since the appeal on merit is pending consideration. However, insofar as the interim order is concerned, it is stated on behalf of the petitioners that approximately a sum of Rs.8.00 lakhs has already been collected by the Income Tax Department by orders of attachment issued on various bank accounts of both of the petitioners. He further submits that his clients are ready and willing to deposit 20% as directed by the Principal Commissioner of Income Tax on or before 31.03.2018 but, he prays that the orders of attachment may be lifted till then in order to enable the petitioners to operate the bank accounts for the purpose of complying with the direction of the Principal Commissioner of Income Tax. In view of the submission made, we are of the considered view that in the circumstance of the present case, ends of justice would be best served if the orders of attachment are lifted till 31.03.2018 in order to enable the petitioners to comply with the direction of the Principal Commissioner of Income Tax for making pre-deposit as directed. This Court orders accordingly. It is further made clear that if the petitioners do not comply with these directions, the attachment shall be re-invoked and necessary action in accordance with law may be initiated against the petitioners for recovery of the demand amount and, in the event, the petitioners comply with the order, the opposite party shall do well to recall the orders of attachment immediately on deposit of the amount as directed. On compliance of the directions as noted hereinabove, we further direct the First Appellate Authority to take up the matter expeditiously after deposit of pre-deposit amount and dispose of the same within a period of three months thereafter. With the aforesaid observations and directions, both the writ applications stand disposed of. Free copy of this order be handed over to the learned counsel for the Revenue for necessary communication and compliance. Urgent certified copy of this order be granted on proper application. .. I. Mahanty, J. ....... Biswajit Mohanty, J.