Wp(C)/2427/2016 Of Md.mohiuddin v. Chief Commissioner Of Income Tax

W.P.(C) No.2427 of 2016 03. 10.03.2016 Heard Mr. Pati, learned counsel for the petitioner and Mr. S.K. Acharya, learned Senior Standing Counsel for the Income Tax Department. Challenge in the present writ application has been made to an order dated 12/14.03.2014 passed by the Joint Commissioner of Income Tax, Rourkela Range, Rourkela directing the petitioner to deposit the entire demand of Rs.20,00,000/- in instalments as directed under Annexure-4. Learned counsel for the petitioner raises various issues regarding the merits of the levy of the penalty. We recording the said statement but, not dealing with the same in view of the pendency of the appeal. It is submitted on behalf of the petitioner that a sum of Rs.1,00,000/ - has already been deposited in the meantime. Considering the same, we direct that if the petitioner deposits a further sum of Rs.4,00,000/- (Four lakhs) on or before 30th March, 2016, the balance demand shall remain in abeyance till disposal of the appeal. On compliance of this Courts direction, the petitioner is at liberty to file a certified copy of this order before the Appellate Authority and the Appellate Authority shall do well to dispose of the pending First Appeal within a further period of three months from the date of presentation of the order before the First Appellate Authority. 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.M ahanty, J. ...... Dr.D.P.Choudh ury, J.