Wp(C)/3843/2019 Of Lekha Lath v. Principal Commissioner Of Income Tax,Sambalpur

Heard learned counsel for the parties. By way of this writ petition, the petitioner has challenged the show case notice dated 29.01.2019 (Annexure-1) passed by the Principal Commissioner of Income Tax, Sambalpur. This matter was admitted on 19.02.2019. Thereafter, learned counsel for the Department has taken time and this Court on 15.05.2019 passed the following order: “Learned counsel for the opposite parties-Income Tax Department requests for time to file counter. This matter to come up on 10.07.2019. This Court vide order dated 19.02.2019 passed an interim order to the effect that “no final order shall be passed without leave of this Court”. It goes without saying that if the petitioner wants to file reply to the show cause notice, he may do so and final order can be prepared after giving opportunity of hearing to him but the final order shall not be pronounced nor implemented without permission of this Court.” On 10.07.2019, learned counsel for the Department was granted further time till 31.07.2019. On 31.07.2019, on the prayer of learned counsel for the Department, the matter was adjourned, as a last chance. Even today, learned counsel for the Department has sought for time to file reply. The averments made in the writ petition are not denied. Only on that ground, the show cause notice bks/jm under Annexure-1 is quashed for non-filing of the reply. Accordingly, this writ petition is allowed. Urgent certified copy of this order be granted on proper application. ……..………………… K.S. JHAVERI (CHIEF JUSTICE) ……..…………………… K.R. MOHAPATRA (JUDGE)