Madras High Court
Sri A.Kodanda Rami Reddy vs The Income Tax Officer on 10 November, 2014
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.11.2014 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.33938 to 33940 of 2013 and M.P.Nos.1 of 2013 (3 MPs) Sri A.Kodanda Rami Reddy .. Petitioner in all WPs Vs. The Income Tax Officer, Media Ward I, Chennai 600 034. .. Respondents in all WPs Writ Petitions filed under Article 226 of the Constitution of India for issuance of writ of mandamus to call for the records of the respondent herein in the impugned proceedings issued under Section 226(3) of the Income Tax Act, 1961 PAN: AACPR6556Q/2013-14 dated 19.08.2013 & 08.11.2013 respectively, quash the same and direct the respondent not to proceed further towards the recovery of dues arising out of assessment order dated 29.12.2011 for the Assessment Year 2009-10 against which a statutory appeal and a stay petition is pending before this Court. For Petitioner : M/s.K.Vaitheeswaran in all WPs For Respondents : Mr.T.Pramod Kumar Chopra in all WPs COMMON ORDER
In all these writ petitions, the petitioner challenges the orders dated 19.08.2013 and 08.11.2013 by which the petitioner has been directed to remit the entire payment pursuant to the order of assessment for the Assessment Year 2009-2010. It is an admitted fact that the petitioner's appeal before the Income Tax Appellate Tribunal was rejected as against which the petitioner has filed appeal before the Hon'ble Division Bench of this Court and the same is pending. However, the case number has not been furnished in the affidavits filed in support of these writ petitions. These writ petitions were listed for admission on 13.12.2013. Even on the said date, the learned Judge of this Court who heard the case neither issued notice to the respondent nor admitted the writ petitions but adjourned the matter to enable the petitioner to move before the Hon'ble Division Bench for protection.
2. It is nearly one year since the order has been passed. Even now, the petitioner would submit that the matter is still pending and they moved the stay petition. Since according to the petitioner, the Hon'ble Division Bench is seized of the matter, it is for the petitioner to approach the Hon'ble Division Bench for appropriate interim protection.
3. With the above observation, these writ petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
10.11.2014 rgr Index : Yes/No To The Income Tax Officer, Media Ward I, Chennai 600 034.
T.S.SIVAGNANAM, J.
rgr W.P.Nos.33938 to 33940 of 2013 10.11.2014