Wp(C)/28577/2013 Of Srikanta Padhi v. The Income Tax Offi

05. 28.11.2018Heard learned counsel for the petitioner. By way of this writ petition, the petitioner has prayed for the following relief: “xxx commanding opposite party no.1 and 2 not to take any coercive measures including vide Annexure-3 series for recovery of the demand till disposal of the appeal pending before opposite party no.3 and to issue a writ of certiorari quashing Annexure-3 series xxx.”. On perusal of record, it is seen that the Court had granted interim order on 27.12.2013, which reads as under: “ Misc. Case No.25227 of 2013 03. 27.12.2013 Learned counsel for the petitioner asserts that though he has filed Second Appeal before the Appellate Tribunal Cuttack on 17.4.2013 along with the petition seeking interim direction, the same has not yet been taken by the Tribunal since the Bench has not yet been constituted thereafter. It is further asserted that the impugned demand for the assessment year 2009-2010 is Rs.34,37,000/- and against the said demand, a sum of Rs.4,11,539/- has already been encashed. By the impugned order under Annexure-3, it appears that the security deposit of the petitioner with the company (Ultratech Cement Limited) is sought to be attached which shall result in stoppage of the entire business of the petitioner. Considering the submissions made, it is directed that the order dated 16.12.2013 under Annexure-3 shall remain in abeyance until further orders subject to the petitioner MP depositing a sum of Rs.5,00,000/- (five lakhs) within a period of four weeks from today. Urgent certified copy of this order be granted on proper application.” Considering the submission made, it is directed that the interim order granted by this Court dated 27.12.2013 shall continue with the conditions stipulated therein till the appeal is heard. With the aforesaid observation, the writ petition stands disposed of. .…….......……………… ( K.S. Jhaveri ) Chief Justice …………………..……… (K. R. Mohapatra) Judge