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Calcutta High Court

Lmj International Ltd. & Anr vs Deputy Commissioner Of Income Tax on 6 July, 2009

Author: Indira Banerjee

Bench: Indira Banerjee

                                                   1


                                       WP No. 519 of 2009
                                 IN THE HIGH COURT AT CALCUTTA
                                          ORIGINAL SIDE



                               LMJ INTERNATIONAL LTD. & ANR
                                          Versus
                         DEPUTY COMMISSIONER OF INCOME TAX, CIRCL
                                      E - VIII & ORS


BEFORE:
The Hon'ble JUSTICE INDIRA BANERJEE
Date : 6th July, 2009.




                              The Court : In this writ application the petitioner has,

inter alia, sought directions on the respondents not to give any effect to an

order of assessment dated April 27, 2009 pending disposal of the appeal therefrom.

The petitioner has preferred an appeal from the impugned order of assessment and has also made an application for stay of operation of the order of assessment impugned. The application for stay has not yet been taken up for hearing. The respondents are, however, threatening to take coercive steps for realization of the disputed tax.

After hearing Counsel appearing on behalf of the respective parties, this writ application is disposed of by directing the respondent No.2 to dispose of the appeal expeditiously preferably within eight weeks from date. Pending disposal of the appeal coercive steps shall not be taken in furtherance of the impugned order of assessment.

Affidavit-in-opposition not having been called for, the allegations in the writ petition shall be deemed not to have been admitted. 2

Urgent certified copy of this order be supplied to the parties, if applied for, upon compliance of all requisite formalities.

(INDIRA BANERJEE, J.) cs.