Mradul Dubey v. Income-tax Officer
[Citation -2019-LL-0722-90]

Citation 2019-LL-0722-90
Appellant Name Mradul Dubey
Respondent Name Income-tax Officer
Court HIGH COURT OF MADHYA PRADESH
Relevant Act Income-tax
Date of Order 22/07/2019
Judgment View Judgment
Keyword Tags statutory remedy • application for stay
Bot Summary: Shri Sanjay Lal, learned counsel for respondent No.1. The petitioner has filed this petition being aggrieved by denial of stay by the Assessing Officer in the income tax proceedings. Admittedly, the petitioner has already approached the Joint Commissioner by filing an application seeking review or reconsideration of his application for stay. It is pointed out by the learned counsel appearing for the Revenue that as per Circular dated 29.2.2016 the petitioner can approach the Principal CIT/CIT for review of the decision of the Assessing Officer, refusing or granting stay. In the circumstances, as the petitioner has an alternative efficacious statutory remedy to approach the departmental authorities, the petition filed by the petitioner is disposed of with liberty to the petitioner to do so in terms of the office memorandum/circular dated 29.2.2016. It goes without saying that in case the petitioner has already done so or does so afresh within two weeks from today, the authority concerned shall consider and decide the same as expeditiously as possible in accordance with law. With the aforesaid liberty, the petition filed by the petitioner stands disposed of.


The High Court Of Madhya Pradesh WP-13307-2019 (MRADUL DUBEY Vs INCOME TAX OFFICER) Jabalpur, Dated : 22-07-2019 Shri Nitin Agrawal, learned counsel for petitioner. Shri Sanjay Lal, learned counsel for respondent No.1. Heard. petitioner has filed this petition being aggrieved by denial of stay by Assessing Officer in income tax proceedings. Admittedly, petitioner has already approached Joint Commissioner by filing application seeking review or reconsideration of his application for stay. It is pointed out by learned counsel appearing for Revenue that as per Circular dated 29.2.2016 petitioner can approach Principal CIT/CIT for review of decision of Assessing Officer, refusing or granting stay. In circumstances, as petitioner has alternative efficacious statutory remedy to approach departmental authorities, petition filed by petitioner is disposed of with liberty to petitioner to do so in terms of office memorandum/circular dated 29.2.2016. It goes without saying that in case petitioner has already done so or does so afresh within two weeks from today, authority concerned shall consider and decide same as expeditiously as possible in accordance with law. With aforesaid liberty, petition filed by petitioner stands disposed of. C.C as per rules. (RAVI SHANKAR JHA) (VIJAY KUMAR SHUKLA) ACTING CHIEF JUSTICE JUDGE mrs. mishra Digitally signed by DEEPA MISHRA Date: 2019.07.25 00:04:12 -07'00' Mradul Dubey v. Income-tax Officer
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