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Judgment
Supplementary affidavit filed today may be placed on record.
In the supplementary affidavit it has been stated that before the Income Tax Appellate Tribunal, New Delhi 7-1-2005 has been fixed as a date for hearing in the stay matter. The movable and immovable properties of the petitioner have already been put under attachment pursuant to the recovery of the demand for the assessment year 1998-99.
Heard Sri M.K. Gupta, learned Counsel for the petitioner and Sri Shambhu Chopra, learned standing counsel for the revenue.
Taking into consideration the entire facts and circumstances of the case as the hearing of the stay application has been fixed for 7-1-2005, we dispose of the writ petition with the direction that the attachment already effected shall continue, but the properties shall not be auctioned till 7-1-2005. The possession of the vehicle shall remain with the petitioner. However, the petitioner shall not alienate transfer or sell the movable and immovable properties till 7-1-2005. We further make it clear that this Court has not adjudicated the claim of the petitioner on merits.