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M/S Singhal Casting Co v. Asstt. Commissioner Of Income Tax & Others - WRIT TAX No. 1356 of 2005 [2005] RD-AH 3966 (4 October 2005)


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Court No. 10

Civil Misc. Writ Petition No. 1356 of 2005

M/s. Singhal Casting Company


Assistant Commissioner of Income Tax, Central Circle, Agra & Ors.


Hon'ble A.K. Yog, J.

Hon'ble Dilip Gupta, J.

Feeling aggrieved by the Penalty Order dated 30.3.2005 passed by the Assessing Authority under section 271 (1) (C) of the Income-tax Act 1961, the petitioner preferred an appeal before the Commissioner of Income-Tax (Appeals) under section 246-A of the aforesaid Act on 26.4.2005. The petitioner also sent the stay application by speed post on 15.9.2005.

This petition has been filed for quashing the notices dated 5.9.2005 and 13.9.2005 issued by the Tax Recovery Officer (Central), Kanpur.

We have heard learned counsel for the petitioner and the learned Standing Counsel appearing for the Department. Sri Tarun Verma has put in appearance on behalf of Canara Bank.

The learned counsel for the petitioner has submitted that the appeal challenging the order dated 30.3.2005 as well as the stay application are pending disposal yet action for recovery has been initiated against the petitioner. The learned counsel further submits that the Commissioner of Income-Tax (Appeals) has not fixed any date for disposal of the stay application. Sri Mahajan appearing on behalf of the department has stated that an early date for disposal of the stay application shall be fixed and orders shall be passed on the stay application by the Commissioner of Income-Tax (Appeals).

In view of the fact that the petitioner has already filed an appeal along with stay application and in view of the submissions advanced by the learned counsel for the parties, we are of the opinion that no useful purpose shall be served by keeping this petition pending. We, therefore, direct that an early date may be fixed by the Commissioner of Income-Tax (Appeals) I, Agra for disposal of the stay application but till orders are passed on the stay application, the Tax Recovery Officer (Central) Kanpur shall keep in abeyance the notices dated 5.9.2005 and 13.9.2005. Further proceeding in pursuance to the aforesaid notices shall depend upon the order to be passed on the stay application or the appeal, as the case may be.

The writ petition is partly allowed by moulding the reliefs. No order as to costs.

Dt. 4.10.2005



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