2011 (4) TMI 842 - HC - Income Tax

Disposal of the appeal u/s 143(3) - Held that - As the petitioner had submitted that it would suffice if the second respondent is directed to dispose of the appeal filed by the petitioner on 19.01.2011 in respect of the assessment year 2008-2009 the respondents has no objection for such an order. Therefore the second respondent is directed to dispose of the appeal dated 19.01.2011 on merits and in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order - However it is clear that no recovery shall be made from the petitioner till the disposal of the appeal pursuant to the assessment order dated 16.12.2010 passed under Section 143(3)- The writ petition is ordered accordingly.

Summary

The High Court of Madras directed the second respondent to dispose of the petitioner's appeal on the assessment year 2008-2009 within 8 weeks in accordance with the law. No recovery is allowed until the appeal is resolved. The writ petition was ordered accordingly with no costs.