Madhya Pradesh High Court
Ram Kumar Meghani vs Commissioner Of Income Tax (Appeasl)-I ... on 18 March, 2013
1
W.P.No2864/2013
Ram Kumar Meghani Commissioner of Income Tax
& another
18.3.2013
Shri Sanjay Mishra, Counsel for petitioner.
Shri Sanjay Lal, Counsel for respondents.
Petitioner has sought following reliefs:-
"1. That the Hon'ble Court may be pleased to set aside the order dated 17.1.2013 pased by respondent No.2 Annexure P/1.
2. That the Hon'ble Court be pleased to direct the respondent no.1 not to initiate coercive measure for recovery of tax till the decision of appeal pending before Commissioner of Income Tax appeals.
3. That the respondent no.1 Commissioner of Income Tax appeal Bhopal may be directed to decide the appeal within a period of 1 month
4. Any other relief that the Hon'ble Court may deem fit may also be granted."
Learned counsel appearing for the petitioner at the outset submits that petitioner's application Annexure P/4 dated 4.1.2013 for staying the recovery is pending before the respondent No.1, who may be directed to decide the application expeditiously. Prayer made by the petitioner is not opposed by Shri Sanjay Lal.
In view of aforesaid, this petition is finally disposed of with following directions:-
1. Petitioner may file an application before the respondent No.1 for expeditious hearing of the stay application Annexure P/4 dated 4.1.2013 filed in appeal- Ram Kumar Meghani Vs. ITO, Income Tax Department against the order dated 30.11.2012.
2. If any such prayer is made by the petitioner before the respondent No.1, the respondent No.1 shall consider and decide the application Annexure P/4 expeditiously as far as possible within a period of four weeks from the date of filing such application.2 W.P.No2864/2013
Ram Kumar Meghani Commissioner of Income Tax & another 18.3.2013
3. It is made clear that this Court has not expressed any opinion on merits of the case. The respondent No.1 shall consider and decide the application in accordance with law.
No order as to costs.
C.C. as per rules.
(Krishn Kumar Lahoti) (M.A.Siddiqui)
Judge Judge
C.