Zydus Nucomed Healthcare Private Limited v. Asstt. Commissioner Of Income Tax, 10(3)(4), Mumbai & Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.748 OF 2011 Zydus Nucomed Healthcare Private Limited..Petitioner. Versus Asstt. Commissioner of Income Tax, 10(3)(4), Mumbai & Others..Respondents. Mr.J.D. Mistri, Senior Advocate with Mr.B.V. Jhaveri for the petitioner.Mr.Suresh Kumar for the respondents. CORAM : J.P. Devadhar & A.A. Sayed, JJ. P.C. : DATE : 12[th] August, 2011. 1.The petitioner is aggrieved by the order dated 1[st] April 2011 whereby the Commissioner of Income Tax has directed the petitioner to deposit 40% of the demand raised for the assessment year 2007-08. 2.Admittedly, the petitioner – assessee has filed an appeal against the assessment order for assessment year 2007-08 before the Commissioner Income Tax (Appeals) and the same is pending. 3.During the pendency of the appeal, whether the Commissioner of Income Tax is justified in enforcing the demand is the question. When this writ petition came up for admission on 26[th] April 2011, counsel for the Revenue sought time to take instructions. Therefore, the matter was adjourned to 14[th] June 2011 and ad-interim relief in terms of prayer clause (d) was granted. Thereafter, on 14[th] June 2011 and 12[th] July 2011, counsel for the Revenue took further time and accordingly the matter was adjourned and ad-interim relief granted on 26[th] April 2011 was continued. Even today, when the writ petition is called out for admission, counsel for the Revenue seeks further time to file affidavit-in-reply. 4.In these circumstances, in our opinion, instead of adjourning the matter, it would be just and proper to direct the Commissioner of Income Tax (Appeals) to dispose off the appeal filed by the assessee as expeditiously as possible. 5.Accordingly, we dispose off the writ petition by directing the Commissioner of Income Tax (Appeals) to dispose off the appeal filed by the petitioner – assessee against the assessment order for assessment year 2007-08 as expeditiously as possible. Till then, the demands raised for assessment year 2007-08 shall remain stayed. If the order of the Commissioner of Income Tax (Appeals) is adverse to the petitioner – assessee, then the said order shall not be given effect to for a period of four weeks from the date of receipt of the order by the petitioner - assessee . 6. The writ petition is disposed off in above terms with no order as to costs.