Jayanthi Seeman v. The Principal Commissioner of Income-tax-I, Chennai / The Income-tax Officer, Non Corp Ward.1(2), Chennai
[Citation -2020-LL-0707-8]

Citation 2020-LL-0707-8
Appellant Name Jayanthi Seeman
Respondent Name The Principal Commissioner of Income-tax-I, Chennai / The Income-tax Officer, Non Corp Ward.1(2), Chennai
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 07/07/2020
Assessment Year 2010-11, 2011-12, 2012-13, 2013-14
Judgment View Judgment
Keyword Tags statutory appeal • interim order • interim stay
Bot Summary: This appeal is directed against an order passed in WP No.10019 of 2019 dated 29.04.2019, filed by the appellant herein. The said writ petition was filed challenging an order passed by the 1st respondent dated 22.03.2019 in a stay application filed by the appellant/assessee, before the 1st respondent, in an appeal filed against the order of assessment dated 29.12.2017, for the Assessment Years 2010-11 to 2013-14. The matter was taken on appeal and the Division Bench, while entertaining the appeal, by order dated 30.05.2019 granted an order of interim stay. It is submitted by the learned counsels on either side that the statutory appeal before the 1st respondent is ripe for hearing and that there is every likelihood that the appeal itself could be disposed of at an early date. Considering the fact that there has been an order of interim stay in force, since 30.05.2019, we are of the view that it would be inequitable to modify or alter the interim order at this juncture, especially, when the main appeal is ripe for hearing before the 1st respondent. Accordingly, the appeal stands disposed of and the interim order granted on 30.05.2019, shall continue to remain in force, till the appeal filed by the appellant before the 1st respondent is heard and disposed of. 1748 of 2019 respondent is requested to dispose of the appeal at an early date, preferably, within a period of six weeks from the date of receipt of the copy of this order.


W.A.No.1748 of 2019 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.07.2020 CORAM: HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.A.No.1748 of 2019 and CMP No.11811 of 2019 M/s.Jayanthi Seeman, 73/30, Burkit Road, T.Nagar, Chennai 600017. .. Appellant versus 1. Principal Commissioner of Income Tax-I, Aayakar Bhavan, 121, Mahatma Gandhi Road, Chennai 600 034. 2. Income Tax Officer, Non Corp Ward.1(2), Room No.306, III Floor, New Block Aayakar Bhavan, 121, Mahatma Gandhi Road, Chennai 600 034. .. Respondents Writ Appeal filed against order dated 29.04.2019 in W.P.No.10019 of 2019. http://www.judis.nic.in Page 1 of 5 W.A.No.1748 of 2019 For Appellant : Mrs.Aparna Nandakumar For Respondents : Mrs.Hema Muralikrishnan Sr. Standing Counsel. JUDGMENT T.S.SIVAGNANAM, J. Heard Mrs. Aparna Nandakumar, learned counsel for appellant/assessee and Mrs.Hema Muralikrishnan, learned Senior Standing Counsel for respondent/revenue. 2. This appeal is directed against order passed in WP No.10019 of 2019 dated 29.04.2019, filed by appellant herein. 3. said writ petition was filed challenging order passed by 1st respondent dated 22.03.2019 in stay application filed by appellant/assessee, before 1st respondent, in appeal filed against order of assessment dated 29.12.2017, for Assessment Years 2010-11 to 2013-14. 4. learned Single Judge by impugned order held that order passed in stay application by 1st respondent / appellate http://www.judis.nic.in Page 2 of 5 W.A.No.1748 of 2019 authority, does not call for interference. matter was taken on appeal and Division Bench, while entertaining appeal, by order dated 30.05.2019 granted order of interim stay. appeal has been pending since then. 5. It is submitted by learned counsels on either side that statutory appeal before 1st respondent is ripe for hearing and that there is every likelihood that appeal itself could be disposed of at early date. 6. Considering fact that there has been order of interim stay in force, since 30.05.2019, we are of view that it would be inequitable to modify or alter interim order at this juncture, especially, when main appeal is ripe for hearing before 1st respondent. Accordingly, appeal stands disposed of and interim order granted on 30.05.2019, shall continue to remain in force, till appeal filed by appellant before 1st respondent is heard and disposed of. Since appeal is of year 2018, having been filed on 30.01.2018, 1st http://www.judis.nic.in Page 3 of 5 W.A.No.1748 of 2019 respondent is requested to dispose of appeal at early date, preferably, within period of six weeks from date of receipt of copy of this order. No costs. [T.S.S., J.] [V.B.S., J.] 07.07.2020 Index : Yes/No Internet : Yes Speaking/Non-speaking order. ars/raja To 1. Principal Commissioner of Income Tax-I, Aayakar Bhavan, 121, Mahatma Gandhi Road, Chennai 600 034. 2. Income Tax Officer, Non Corp Ward.1(2), Room No.306, III Floor, New Block Aayakar Bhavan, 121, Mahatma Gandhi Road, Chennai 600 034. http://www.judis.nic.in Page 4 of 5 W.A.No.1748 of 2019 T.S.SIVAGNANAM, J. AND V.BHAVANI SUBBAROYAN, J. ars/raja W.A.No.1748 of 2019 and CMP No.11811 of 2019 07.07.2020 http://www.judis.nic.in Page 5 of 5 Jayanthi Seeman v. Principal Commissioner of Income-tax-I, Chennai / Income-tax Officer, Non Corp Ward.1(2), Chennai
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