Wp(C)/9303/2020 Of Vesaj Engineers And Constructions Pvt.ltd v. The Principal Chief Commissioner Of Income Tax

HON’BLE THE CHIEF JUSTICE MR. MOHAMMAD RAFIQ HON’BLE DR. JUSTICE B.R. SARANGI 03. 09.11.2020Mr. J. M. Pattanaik, Advocate : For the Petitioner Mr. T. K. Satapathy, Sr. Standing Counsel : For O.P. Nos.1 to 4 (Revenue Department) ORDER Heard learned counsel for the parties by Video Conferencing mode. 2.This writ petition has been filed by the petitioner-Vesaj Engineers and Constructions Pvt. Ltd, represented through its Director, Shri Ritesh Patel with the prayer that opposite party no.3-Deputy Commissioner of Income Tax, Circle 1(2), Bhubaneswar, may be directed to decide the petition filed by the petitioner dated 06.03.2020 (Annexure-1) under Section 154 of the I.T. Act. 3. Learned counsel for the petitioner submits that opposite party no.3 is not taking up the petition under Annexure-1 for disposal because the petitioner has also filed an appeal before the appellate authority-opposite party no.4. Learned counsel for the petitioner submits that the petitioner now undertakes to file an application before the appellate authority seeking withdrawal of the appeal and therefore MP opposite party no.3 may be directed to dispose of the petition filed under Section 154 of the I.T. Act at an early date. 4.Having regard to the submissions made, we dispose of the writ petition with the direction that when the petitioner produces the order showing withdrawal of the appeal filed before the appellate authority-The Commissioner of Income Tax Appeals-1, Bhubaneswar (opposite party no.4) before the opposite party no.3, he shall make an endeavour to decide the petition dated 06.03.2020 (Annexure-1) filed before him under Section 154 of the I.T. Act as expeditiously as possible. Accordingly, writ petition stands disposed of. Learned counsel may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020. (Dr. B.R. Sarangi) Judge (Mohammad Rafiq) Chief Justice