Zydus Nycomed Healthcare Pvt. Ltd v. Asstt. Cit 10-(3)(4) And Others

IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1169 OF 2011 Zydus Nycomed Healthcare Pvt. Ltd. ...Appellant.Vs.Asstt. CIT 10-(3)(4) and Others..Respondents Mr. J.D. Mistri, Sr.Counsel with B.V. Jhaveri for the Appellant.Mr. Suresh Kumar for the Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 11TH AUGUST, 2011. P.C. 1.This petition is filed to challenge the orders dated 30[th] March, 2011 and 22[nd] June, 2011, whereby the demand raised for the assessment year 2006-07 are sought to be enforced during the pendency of the appeal before CIT(A). 2.Admittedly by an order dated 18[th] February, 2010 the demand raised for the assessment year 2006-07 was stayed pending appeal subject to payment of Rs. 18 crores within the time stipulated therein. Admittedly, the assessee has deposited the amount of Rs.18 crores within the stipulated time. By the impugned orders the stay granted on 18[th] February, 2010 has been reviewed on the ground that there is inordinate delay on the part of CIT(A) in disposing of the appeal and accordingly the assessee is called upon to make further payment. This petition is filed to challenge the said orders 3.On 7[th] July, 2011, when this petition was taken up for admission, Counsel for the revenue sought time to take instruction in the matter. Accordingly time was granted and the respondents were directed not take coercive action against the petitioner. On 4[th] August, 2011,further time was sought by the Revenue to file affidavit-in-reply. Even toady, when the matter is called out for admission, Counsel for the revenue seeks further time to file affidavit-in-reply. In these circumstances, we are of the opinion that it will be just and proper to expedite the hearing of the appeal and in the meantime continue the stay granted on 18[th] February, 2010, till the disposal of the appeal pending before the CIT(A). Accordingly, we direct the CIT(A) to dispose of the appeal filed by the assessee against the assessment order for A.Y. 2006-07 as expeditiously as possible and till then there shall be stay of demand raised for A.Y.2006-07. If the order of CIT(A) goes adverse to the assessee, the stay shall continue for a further period of 4 weeks from the date of the communication of the order passed by CIT(A). Petition is disposed of accordingly with no order as to costs. ( A.A. SAYED, J. ) ( J.P. DEVADHAR , J.)