Dr. Dinesh Mohan vs Income Tax Officer and Others

V.N. Khare, J.—By means of this petition under article 226 of the Constitution of India, the petitioner has come to this court for the issue of a writ of mandamus directing the Assessing Officer, Ward-I, Moradabad, to stay further proceedings for the assessment years 1988-89 and 1989-90, till his application before the Income Tax Appellate Tribunal, Delhi, and application u/s 144A of the Income Tax Act are disposed of. Initially, the petitioner was assessed for the year 1988-89. The Commissioner of Income Tax has set aside that order and remanded the matter to the Assessing Officer. The petitioner alleges that he has filed an appeal against the said order of the Commissioner of Income Tax, Lucknow, before the Income Tax Appellate Tribunal, Delhi. It is alleged that the said appeal was filed on January 8, 1991. Subsequently, on January 24, 1991, the petitioner also moved a stay application for suspending the operation of the order of the Commissioner of Income Tax, remanding the matter to the Assessing Officer. The petitioner further alleges that he also moved an application u/s 144A of the Act on January 10, 1991, before the Deputy Commissioner of Income Tax, Moradabad Range, Moradabad, and the said application is also pending. It is stated that the extra hurry shown by the Assessing Officer in proceeding with the assessment for the years 1988-89 and 1989-90 is with a view to render the petitioner''s stay application as well as the application u/s 144A infructuous and in case assessment proceedings are finalised, he will suffer irreparable loss.

After having heard learned counsel for the petitioner and Sri D. C. Basu, learned counsel appearing for the respondents, we feel that, in a situation like the present one, the Assessing Officer should stay the assessment proceedings against the petitioner, for the years 1988-89 and 1989-90, till the petitioner''s stay application pending before the Income Tax Appellate Tribunal as well as the application u/s 144A are disposed of. We, accordingly, direct the Income Tax Appellate Tribunal, Delhi, to consider and dispose of the petitioner''s stay application within a period of three months from the date of production of a certified copy of this order before it. Similarly, we also direct the Deputy Commissioner of Income Tax, Moradabad Range, Moradabad, to dispose of the application u/s 144A of the Act within the same period.

For a period of four months or till both the applications are decided, whichever is earlier, the assessment proceedings pending before the Assessing Officer, Ward-I, Moradabad, for the assessment years 1988-89 and 1989-90 shall remain stayed.

With these directions, the writ petition is disposed of. Learned counsel for the petitioner has undertaken to serve a copy of this order upon the Deputy Commissioner of Income Tax, Moradabad Range, Moradabad, as well as the Commissioner of Income Tax, U. P., Lucknow, within two weeks from today, failing which the directions issued in this order shall stand automatically vacated.

A copy of this order may be given to learned counsel for the parties on payment of usual charges within 24 hours.