Calcutta High Court
Ever Bright Plastic Private Limited & ... vs Income Tax Officer on 10 January, 2014
Author: Harish Tandon
Bench: Harish Tandon
ORDER SHEET
WP No.992 of 2013
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
EVER BRIGHT PLASTIC PRIVATE LIMITED & ANR
Versus
INCOME TAX OFFICER, WARD - 5(3), KOLKATA & ORS.
BEFORE:
The Hon'ble JUSTICE HARISH TANDON
Date : 10th January, 2014.
Appearance:
Mr. R. Bharadwaj, Adv.
Mr. P.K.Bhowmick, Adv.
The Court :- Challenging an order of assessment passed by
the Assessing Officer an appeal is filed before the Commissioner of Income Tax
(Appeals)- VI, Kolkata. The grievance of the writ petitioners in this writ
petition is that the said Appellate Authority has not disposed of the said
appeal and have kept the same pending. The learned Advocate appearing for the
petitioners further submits that during the pendency of an appeal the
authorities may contemplate to take coercive measures and, therefore, prays for
a direction upon the Appellate Authority to take utmost care to dispose of the
said appeal at an earliest.
Considering the respective submissions this Court
directs the respondent no.2 to dispose of the said appeal pending before it as
expeditiously as possible and preferably within four weeks from the date of communication of this order in accordance with law.
It goes without saying that this Court has not gone into the merits of this case and the said respondents shall be free to take any decision without being influenced by any observations made herein. 2
Since the writ petition is disposed of at the motion stage without calling for affidavits, the allegations contained therein shall not be deemed to have been admitted by the respondents.
The writ petition is disposed of.
(HARISH TANDON, J.) cs.
A.R.(CR).