Calcutta High Court (Appellete Side)
In Re: Purnima Das vs Union Of India & Ors on 25 February, 2010
Author: Soumitra Pal
Bench: Soumitra Pal
2010
W.P. 3801 (W) of 2010
In re: Purnima Das ... Petitioner
Vs.
Union of India & Ors. ... Respondents
Mr. Raja Basu Chowdhury Mr. Sayantan Bose ... for the petitioner Mr. M.P. Agarwal ... for the Income Tax Authority Mr. Onkar Ganguly ... for respondent no.4 Mr. Rajarshi Datta Ms. Ishita Bose ...for respondent no.8 Let affidavit of service filed in Court today be kept with the records. As prayed for, let affidavit-in-opposition to the writ petition be filed by 26th March, 2010. Reply thereto, if any, by 5th April, 2010.
Matter to appear as for 'Hearing' on 7th April, 2010. So far as the prayer for interim order is concerned, since I find that the order of attachment was issued without adhering to the provisions contained in section 220(6) and section 226(3)(iii) of the Income Tax Act, 1961, in my view, a prima facie case has been made out for passing an interim order. Therefore, let there be an interim order in terms of prayer (g) to the writ petition till 5th May, 2010.
Since I find the appeal for the assessment year 2007-2008 is pending before the Commissioner of Income Tax (Appeals) - XXXVI, Kolkata, the respondent no.3, pendency of the writ petition shall not prevent the said respondent from hearing out the appeal in accordance with law.
Directions issued are peremptory.
Learned advocates appearing for the parties are permitted to take down the gist of this order for communication and the respondents shall act on the basis of such communication.
Let urgent photostat certified copy of this order, if applied for, be furnished to the appearing parties on priority basis.
( Soumitra Pal, J.) 2