Wp(Md)/512/2025 Of M/S. New Munira Traders v. The Income Tax Officer

W.P.(MD) No.512 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025 CORAM: THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.512 of 2025andW.M.P.(MD) Nos.367 and 368 of 2025 M/S.New Munira Traders,represented by its PartnerMr.Mohammed Ismail ... Petitioner /vs./ 1.The Income Tax Officer, Ward I, Kumbakonam, First Floor, No.31, Krishnaswamy Road, Gandhi Nagar, Kumbakonam, Tamil Nadu 612 001. 2.The Principal Commissioner of Income Tax, Madurai -1, Income Tax Annexe Building VP Rathinasamy Nadar Road, CR Building, Bibikulam, Madurai, Tamil Nadu 625 002. 3.The Branch Manager, Karur Vysya Bank Ltd., Kumbakonam Branch, No.129, TSR Big Street, 1/4 W.P.(MD) No.512 of 2025 Kumbakonam, Thanjavur District, Tamil Nadu 612 001. PRAYER:Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records pertaining to the impugned orderdated27-11-2024withthereference ITBA/COM/F/17/2024-25/1-7-686046(1) issued by the First Respondent, quash the same in so far as it mandates the Petitioner to pay a sum of Rs.37,67,417/- as a condition for the stay of recovery of Rs.3,39,06,753/-. For Petitioner: Mr.N.Murali For R1 & R2 : Mr.N.Dilip Kumar ORDER The challenge in the writ petition is to an order granting an order of conditional stay. 2. A reading of the impugned order would show that 7 equated monthly installments have already been provided to the petitioner. Therefore, I am not inclined to interfere with the conditions imposed, as I am of the view that liberal view had been taken by the first respondent. However, considering the fact that an appeal is pending and the petitioner claims that it is a partnership firm, which is 2/4 W.P.(MD) No.512 of 2025 not in operation as of today, there shall be a direction to the appellate authority concerned to dispose of the appeal as expeditiously as possible. 3. With such liberty, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. Index : Yes / No10.01.2025Internet : Yes / Nomm 3/4 4/4 https://www.mhc.tn.gov.in/judishttps://www.mhc.tn.gov.in/judis W.P.(MD) No.512 of 2025 K.KUMARESH BABU, J. mm W.P.(MD) No.512 of 2025 10.01.2025