Wtax/726/2020 Of Sri Someshwar Prasad Agarwal v. Principal Commissioner Of Income Tax And 2 Others

Case :- WRIT TAX No. - 726 of 2020 Petitioner :- Sri Someshwar Prasad AgarwalRespondent :- Principal Commissioner Of Income Tax And 2 OthersCounsel for Petitioner :- Harsh Vardhan GuptaCounsel for Respondent :- Bharat Ji Agrawal Hon'ble Naheed Ara Moonis,J.Hon'ble Dinesh Pathak,J. Memo of appearance filed by Sri Subham Agarwal, Advocateon behalf of the respondents is taken on record. Heard learned counsel for the petitioner and Sri SubhamAgarwal, learned Standing Counsel for the respondents. Instant writ petition has been filed with the following reliefs : "a. issue an appropriate writ, order or direction in the natureof mandamus commanding the respondents to release the seizedassets/documents and jewelleries etc. of the petitioner foundand seized from the residential premises as well as businesspremises of the petitioner vide panchnama dated 23.08.1998. b. .......... c. ........." At the very outset, learned counsel for the petitioner submitsthat the petitioner has moved successive applications, whichhave been compositely filed as annexure-7 to the writ petition,for release of the seized assets/documents after the appeals filedby the respondents before the Income Tax Appellate Tribunal,Allahabad and before this Court were dismissed, but the same isstill pending for consideration. Learned counsel for the respondents has no objection to theprayer made by the counsel for the petitioner for expeditiousdisposal of the said representation. Considering the facts and circumstances of the case, the writpetition is disposed of with the direction to the respondent no. 1- Principal Commissioner of Income Tax, Prayagraj to decidethe representation of the petitioner dated 16.3.2020, annexure-7to the writ petition, expeditiously preferably within a period ofsix weeks, after giving opportunity of hearing to all the partiesconcerned.