Wp(C)/2911/2015 Of Pradeep Ku.prusty v. Income Tax Officer

W.P.(C) No.2911 of 2015 20.08.2015 Heard Mr. B. Panda learned counsel for the petitioner and Mr. S.K.Acharya learned Senior Standing counsel for the Income Tax Department. In the present writ application the petitioner has sought for a direction to opposite party no.2-Commissioner of Income Tax (Appeals)-I Bhubaneswar to dispose of the appeal by him against the order of assessment made under section 143(3)/147 of the Income Tax Act,1961 for the assessment year 2009-10. Mr. Panda learned counsel for the petitioner submits that the petitioner has filed a statutory appeal before the opposite party no.2 after dismissal of his earlier Writ Application i.e. W.P.(C) No.6736 of 2014. He further submits that in spite of the fact that the appeal was filed immediately thereafter and nearly a year has lapsed in the meanwhile but the appellate authority has not dealt with the appeal/interim application. In view of the submissions made above, we dispose of the writ petition with a direction to the opposite party no.2 to consider the petitioners interim application for stay within a period of four weeks from the date of receipt of the certified copy of this order and thereafter, the appeal may be considered and disposed of expeditiously. Urgent certified copy of this order be granted on proper application. . I.Mahanty, J. ......... Dr. D.P.Choudhury, J.