Jai Prakash Singh v. PCIT, Jamshedpur / CIT (Appeals), Jamshedpur / DCIT, Circle-1, Jamshedpur / ACIT, Circle-1, Jamshedpur
[Citation -2020-LL-0211-4]

Citation 2020-LL-0211-4
Appellant Name Jai Prakash Singh
Respondent Name PCIT, Jamshedpur / CIT (Appeals), Jamshedpur / DCIT, Circle-1, Jamshedpur / ACIT, Circle-1, Jamshedpur
Court HIGH COURT OF JHARKHAND AT RANCHI
Relevant Act Income-tax
Date of Order 11/02/2020
Assessment Year 2015-16
Judgment View Judgment
Keyword Tags stay petition
Bot Summary: 02/ 11.02.2020 Heard learned counsel for the petitioner and learned counsel for the Income Tax Department. The petitioner was aggrieved by the demand of Rs. 69,47,560/- for the assessment year 2015-16 and filed an appeal against it before the Appellate Authority. The petitioner had also moved an application before the Principal Commissioner of Income Tax, Jamshedpur, for staying the demand, during the pendency of the appeal before the Appellate Authority. Upon considering the case of the petitioner, by order dated 26th June, 2019, as contained in Annexure-3 to the writ application, the demand was stayed by the Principal Commissioner, Jamshedpur, till the disposal of the appeal, or till 31st December, 2019, whichever was earlier, requesting the Appellate Authority to take up the appeal on priority basis, in view of the stay granted in favour of the petitioner, with a further direction to the petitioner to fully cooperate in the prosecution of the appeal before the Appellate Authority. The grievance of the petitioner is that the Principal Commissioner is not reviewing the stay petition, in spite of the application submitted by the petitioner, which was not accepted by him. In that view of the matter, we dispose of the writ application with the direction to the respondent No. 1, the Principal Commissioner of Income Tax, Jamshepdur, to review the stay petition of the petitioner, as it was stated in his earlier order dated 26th June, 2019, that the stay petition shall be reviewed in the 1st week of January, 2020, and to pass the appropriate order, in accordance with law. No coercive step shall be taken against the petitioner.


IN HIGH COURT OF JHARKHAND AT RANCHI W.P.(T) No. 465 of 2020 Jai Prakash Singh Petitioner Versus 1. Principal Commissioner of Income Tax, Jamshedpur. 2. Commissioner of Income-tax (Appeals), Jamshedpur. 3. Deputy Commissioner of Income-tax, Circle-1, Jamshedpur. 4. Assistant Commissioner of Income-tax, Circle-1, Jamshedpur Respondents CORAM : HON BLE MR. JUSTICE H. C. MISHRA : HON BLE MR. JUSTICE DEEPAK ROSHAN For Petitioner : Mr. Kumar Vaibhav, Advocate. For Respondent-Income Tax : Mr. Rahul Lamba, Advocate. 02/ 11.02.2020 Heard learned counsel for petitioner and learned counsel for Income Tax Department. 2. petitioner was aggrieved by demand of Rs. 69,47,560/- for assessment year 2015-16 and filed appeal against it before Appellate Authority. petitioner had also moved application before Principal Commissioner of Income Tax, Jamshedpur, for staying demand, during pendency of appeal before Appellate Authority. 3. Upon considering case of petitioner, by order dated 26th June, 2019, as contained in Annexure-3 to writ application, demand was stayed by Principal Commissioner, Jamshedpur, till disposal of appeal, or till 31st December, 2019, whichever was earlier, requesting Appellate Authority to take up appeal on priority basis, in view of stay granted in favour of petitioner, with further direction to petitioner to fully cooperate in prosecution of appeal before Appellate Authority. It was also stated in said order that stay petition will be reviewed in 1st week of January, 2020. 4. grievance of petitioner is that Principal Commissioner is not reviewing stay petition, in spite of application submitted by petitioner, which was not accepted by him. It is also case of petitioner, as stated in paragraph-9 of writ application, that his appeal is still pending before Commissioner of Income Tax (Appeals), Jamshedpur, in view of fact that said post is lying vacant since February, 2019 itself, and due to non-availability of Appellate Authority, appeal could not be disposed of. -2- 5. In that view of matter, we dispose of writ application with direction to respondent No. 1, Principal Commissioner of Income Tax, Jamshepdur, to review stay petition of petitioner, as it was stated in his earlier order dated 26th June, 2019, that stay petition shall be reviewed in 1st week of January, 2020, and to pass appropriate order, in accordance with law. Till then, no coercive step shall be taken against petitioner. 6. This writ application stands disposed of with direction as above. (H. C. Mishra, J.) (Deepak Roshan, J.) Amitesh/- Jai Prakash Singh v. PCIT, Jamshedpur / CIT (Appeals), Jamshedpur / DCIT, Circle-1, Jamshedpur / ACIT, Circle-1, Jamshedpur
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