The Institutiion of Engineers (India) & Anr. v. Deputy Commissioner of Income Tax (Exemption), Circle-1, Kolkata & Ors - 2015-LL-1126-120

Citation	2015-LL-1126-120
Appellant Name	The Institutiion of Engineers (India) & Anr.
Respondent Name	Deputy Commissioner of Income Tax (Exemption), Circle-1, Kolkata & Ors.
Court	HIGH COURT OF CALCUTTA
Relevant Act	Income-tax
Date of Order	26/11/2015
Judgment	View Judgment
Bot Summary:	For the respondents The Court: Let the affidavit of service filed in Court today be taken on record. Having heard the learned advocates for the parties and upon perusing the instant application, it appears that the petitioners statutory appeal is presently pending before the Commissioner of Income Tax-25, Kolkata, together with an application for stay. Since the said appeal is yet to be heard and disposed of, the writ petition stands disposed of with a direction upon the concerned appellate authority to decide the appeal together with the application of stay, as expeditiously as possible, but not beyond the statutory timeframe fixed for disposal of the appeal. The Income Tax authority shall, in the meanwhile, not initiate any action for recovery against the petitioner no.1 without leave of the statutory appellate authority.

ORDER SHEET W.P. No. 1090 of 2015 IN HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE INSTITUTIION OF ENGINEERS (INDIA) & ANR. Versus DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), CIRCLE-1, KOLKATA & ORS. BEFORE: Hon'ble JUSTICE BISWANATH SOMADDER Date: 26th November, 2015. Appearance: Mr. J.P. Khaitan, Sr. Adv. Mr. Agnibesh Sengupta, Adv. Mr. S. Datta, Adv. for petitioners Mr. Animesh Kanti Ghosal, Sr. Adv. Mr. Nilendu Bhattacharya, Adv. for respondents Court: Let affidavit of service filed in Court today be taken on record. Having heard learned advocates for parties and upon perusing instant application, it appears that petitioners statutory appeal is presently pending before Commissioner of Income Tax (Appeals)-25, Kolkata, together with application for stay. Since said appeal is yet to be heard and disposed of, writ petition stands disposed of with direction upon concerned appellate authority to decide appeal together with application of stay, as expeditiously as possible, but not beyond statutory timeframe fixed for disposal of appeal. Income Tax authority shall, in meanwhile, not initiate any action for recovery against petitioner no.1 without leave of statutory appellate authority. (BISWANATH SOMADDER, J.) sg2 Institutiion of Engineers (India) & Anr. v. Deputy Commissioner of Income Tax (Exemption), Circle-1, Kolkata & Or

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