Vidya Niketan Samiti v. The Deputy Commissioner Of Income Tax
[Citation -2015-LL-1102-5]
Citation | 2015-LL-1102-5 |
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Appellant Name | Vidya Niketan Samiti |
Respondent Name | The Deputy Commissioner Of Income Tax |
Court | HIGH COURT OF MADHYA PRADESH |
Relevant Act | Income-tax |
Date of Order | 02/11/2015 |
Judgment | View Judgment |
Bot Summary: | WP-18741-2015 02-11-2015 Shri Sumit Nema, learned counsel for the petitioner. Having heard learned counsel for the parties we find that the grievance of the petitioner is that an appeal against the order of assessment is pending before the appellate authority namely, the Commissioner and as orders have not been passed on the prayer for stay of recovery of the dues and taxes and the assessing officer has initiated coercive steps for realizing the demand of the taxes dues, this writ petition has been filed. Having heard learned counsel for the parties we find that under similar circumstances on 7.9.2015 in W.P. No.14865/2015 on certain other cases we had passed the following orders : We find that after considering similar situate on 24.9.2013, W.P. No.15068/2013 was disposed of by a Coordinate Bench of this Court, wherein the appellate authority was directed to hear and decide the pending stay application expeditiously within a fixed period and to decide the appeal itself, if possible at an early date. Keeping in view the aforesaid, we dispose of this writ petition directing respondent No.1 to consider the grievance of the petitioner in the appeal pending before him and to decide it expeditiously within a reasonable period. If not possible, to decide the application for stay within a period of 30 days from the date of filing of certified copy of this order and till decision on the stay application, the impugned recovery be kept in abeyance. Keeping in view the aforesaid, we dispose of this writ petition and direct the appellate authority to consider and decide the applications for stay pending before him within the fix period, if possible preferably within 30 days from the date of filing certified copy of this order and till the stay application is not decided the impugned recovery shall be kept in abeyance. With the aforesaid, the writ petition stands disposed of. |