High CourtsFull Bench(2005) 03 P&H CK 0054

Sham Sunder Maria vs Union of India

Punjab And Haryana At Chandigarh · Decided on 23 March 2005 · Citation: (2006) 153 TAXMAN 41

HON’BLE JUDGES
D.K. Jain, C.J · Hemant Gupta, J
CASE NUMBER
CWP No. 764 of 2005 23 March, 2005

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Judgment

4 paragraphs · 168 words

By the Court

After some hearing, learned counsel for the petitioners seeks leave to withdraw the writ petition with liberty to approach, the Commissioner of Income Tax (for short, ''the Commissioner'') with a revision petition u/s 264 of the Income Tax Act, 1961 (for short, ''the Act''). He, however, prays that till the Commissioner disposes of the revision petition, the respondents may be restrained from enforcing the order passed u/s 179(1) of the said Act.

2.

Having regard to the facts and circumstances of the case, we feel that the prayer made by the petitioners for a limited relief is not unreasonable.

3.

Accordingly, we dismiss the writ petition as withdrawn with liberty as prayed. We, however, direct that if the petitioners file the revision petition within a week from today, no coercive steps shall be taken by the respondents for enforcing the order passed u/s 179(1) of the Act for a period of two weeks from the date of communication of the order in the revision petition.