Wpms/3423/2016 Of Society For Advancement In Education v. Income Tax Department And Others

WPMS No.3423 of 2016 Hon’ble Sudhanshu Dhulia, J. Ms. Prabha Naithani, Advocate, for the petitioner. Mr. Hari Om Bhatia, Advocate, for respondent no.1. It is the matter pertaining to the year 2016 where after a search made by the Income Tax Department under Section 132 of the Income Tax Act notices have been issued against the petitioner. This writ petition was dismissed for non prosecution vide order dated 05.07.2019. Now a restoration application (MCC No.717 of 2019) has been filed by the petitioner for recalling the order dated 05.07.2019. This Court asked the learned counsel for the petitioner to argue the case on merits. She expresses her inability to argue the matter and says that Senior Advocate Mr. V.B.S. Negi has been engaged in this case and prays that the matter be fixed for 09.12.2019. Learned Counsel for respondent no.1 would argue that meanwhile assessment orders pertaining to the assessment year 2009-2010, 2010-2011 and 2013-2014 have already been passed against which the petitioner had filed an appeal, which is pending before the Commissioner Appeal, Dehradun. However, in the appeal the petitioner is taking adjournments after adjournments on ground that his writ petition is pending before this Court. Learned counsel for the petitioner now seeks an adjournment in the present matter. In the interest of justice, the matter is adjourned. List this matter on 08.01.2020 in the daily cause list. However, it is absolutely made clear that neither there is any stay to the proceedings by this Court nor Income Tax authorities are restrained in any manner to proceed further in the Income Tax Appeals, which is pending before Commissioner Appeal. Nitesh/ (Sudhanshu Dhulia, J.) 06.12.2019