Wp(C)/7620/2019 Of M/S.lycos India Ltd v. Income Tax Officer

02. 01.05.2019 Heard Mr. B. Panda, learned Senior Advocate on behalf of the petitioner. By way of this writ petition, the petitioner has prayed for issuance of a direction to the Assessing Officer-Opposite Party No.1 to dispense with and keep in abeyance the recovery proceedings issued U/s.226(3) vide dated 11.03.2019. Learned counsel for the petitioner submits that the First Appellate Authority has confirmed the order of Assessment and now the matter is subjudice before the ITAT, Cuttack Bench from dt. 01.01.2018 vide ITA No.02/CTK/2018, however, as the Division Bench of the ITAT is not functioning as only the Judicial Member is available, the petitioner is seeking remedy before this Court to grant interim protection till the disposal of the stay petition by the ITAT otherwise the petitioner will suffer huge loss. In view of the above, since the matter is pending before the Tribunal, it is open for the petitioner to move before the Tribunal for appropriate interim protection and in such event, though 2[nd] Member is not available and presently the Tribunal is running with a Single Member, the Tribunal shall consider the application of the petitioner on its own merit, taking into consideration the emergency, even though the matters relates to Division Bench. With the aforesaid observation, this writ petition stands disposed of. AKK .……..........………… ( K.S. Jhaveri ) Chief Justice ……………….…….. ( K.R.Mohapatra ) Judge