Godriwala Plastics Private Limited/Satish Thourani v. Income tax Officer-Ward No.1 (I) Raipur/Commissioner of Income tax (Appeals)/Union of India/State Bank of India
[Citation -2015-LL-1028-14]
| Citation | 2015-LL-1028-14 |
|---|---|
| Appellant Name | Godriwala Plastics Private Limited/Satish Thourani |
| Respondent Name | Income tax Officer-Ward No.1 (I) Raipur/Commissioner of Income tax (Appeals)/Union of India/State Bank of India |
| Court | HIGH COURT OF CHHATISGARH |
| Relevant Act | Income-tax |
| Date of Order | 28/10/2015 |
| Judgment | View Judgment |
| Keyword Tags | recovery of amount • speaking order |
| Bot Summary: | In this petition under Article 226 of the Constitution of India the petitioners are seeking a direction to the respondent No.2 to decide the stay application by speaking order; not to take any coercive steps for recovery of amount of Rs.1,24,58,650/- for which demand has been raised by notice dated 30-3-2015; for quashment of the recovery proceedings; and for directing the respondent No.1 to refund the recovery made from the petitioner No.1's account lying with the State Bank of India, Pachpedi Naka Branch. Admittedly, the petitioners have preferred an appeal against the assessment order dated 30-3-2015, which is pending consideration before the respondent No.2. At this stage, learned Standing counsel for the Income Tax Department would submit that the respondent No.2 shall decide the pending appeal of the petitioners within a period of four weeks. She would also submit that in similar circumstances this Court has passed the order in M/s Sunil Re-Rollers Steel Pvt. Ltd. v. Union of India Others1, directing the respondent No.2 to decide the pending appeal of the petitioner and at the same time directing maintenance of status quo with regard to the bank account of the petitioner therein. In view of the above, the present writ petition is disposed of with a direction to the respondent No.2 to decide the petitioners' pending appeal within a period of four weeks and during pendency of the appeal before the respondent No.2, the respondents shall not withdraw any amount from the bank account of the petitioner. |