Wp(C)/7954/2019 Of Sree Metaliks Ltd v. Principal Commissioner Of Income Tax,Sambalpur

02. 01.05.2019 Heard Mr. Sidhartha Ray, learned counsel for the petitioner. By way of this writ petition, the petitioner has challenged the order of the Principal Commissioner of Income Tax, Sambalpur-opposite party No.1 passed under Section 263 of the Income Tax Act under Annexure-1 and initiation of the penalty proceeding under Section 271 (1)(c) of the Income Tax Act under Annexure-2. The petitioner has got an alternative remedy by way of filing an appeal before the ITAT, Cuttack Bench. However, the Division Bench of the ITAT is not functioning as only the Judicial Member is available. Hence, the petitioner is seeking remedy before this Court to grant interim protection till the disposal of the appeal by the ITAT, otherwise he would suffer huge loss and will face penalty proceeding. In view of the above, 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. The period from 15.4.2019 till today will be taken into consideration while considering the matter of condonation of delay by the Tribunal. If the appeal is filed on or before 10.05.2019, the Tribunal will pass appropriate order before 10.5.2019 even if the matter relates to Division Bench. The original orders under Annexures-1 and 2 may be returned to the learned counsel for the petitioner substituting attested photo copies thereof. AKK With the aforesaid observation, this writ petition stands disposed of. Urgent certified copy of this order be granted on proper application. .��..........����( K.S. Jhaveri ) Chief Justice ������.��.. ( K.R.Mohapatra ) Judge