Amaranarayana Reddy vs Assistant Commissioner of Income Tax, Commissioner of Income Tax (Appeals) VIII, Income Tax Appellate Tribunal and Assistant Commissioner of Income Tax

M. Jaichandren, J.—At this stage of the hearing of the writ petition the learned Counsel appearing on behalf of the Petitioner has submitted that even though the Petitioner was prepared to argue the appeal pending before the third Respondent, on 14.2.2011, the appeal was not taken up for hearing. Since the stay petition had been dismissed by the third Respondent, the fourth Respondent may initiate recovery proceedings against the Petitioner, under the Income Tax Act, 1961.

In view of the averments made in the affidavit filed in support of the writ petition, and in view of the averments made by the learned Counsel appearing on behalf of the Petitioner, the impugned order is set aside, in so far as it relates to the rejection of the request of the Petitioner for the grant of stay of the income tax dues payable by the Petitioner.

The third Respondent is directed to dispose of the appeal, in Appeal No. 2115/CHNY-2010, as expeditiously as possible. Till the disposal of the appeal, by the third Respondent, no recovery action shall be initiated against the Petitioner, for the income tax dues payable by the Petitioner. However, the Petitioner shall co-operate, fully, in the appeal proceedings pending before the third Respondent.

The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.