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2011 (3) TMI 764

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..... ority, namely, the Commissioner, Income-tax, shall decide the revision adverting to all the issues within a period of three weeks positively - the writ petition is disposed of - W. P. (C) No. 1375 of 2011 and C. M. No. 2960 of 2011 - - - Dated:- 3-3-2011 - DIPAK MISRA, SANJIV KHANNA, JJ JUDGMENT Heard Mr. Rakesh Tiku, learned senior counsel along with Mr. Naveen Goel, learned cou .....

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..... tition, are left open. On the last occasion, we required Mr. Sanjeev Sabharwal, learned counsel for the Revenue to obtain instructions regard being had to the language employed in paragraph 8 of the order impugned. We must fairly note that Mr. Sanjeev Sabharwal has come with the instructions that he has no objection if the order impugned contained in annexure P-11 is quashed and the competent .....

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..... us order, within a period of 30 days therefrom. Till the matter is finalized, no coercive steps shall be taken against the petitioner. Before we part with the case, we must issue a direction in the fitness of things that Prasar Bharti shall not pay any amount to the petitioner till the aforesaid matter is finalized. If the competent authority fails to adjudicate the matter within the time stip .....

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..... ed that the petitioner can challenge the said order in a revision under section 264(2) of the Act. 7. In view of the aforesaid, we are not inclined to entertain the writ petition at present. However, we state that if the petitioner would file a revision within a period of two weeks challenging the order passed by the Assessing Officer on all grounds including that the said authority could not .....

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..... memorandum. The Commissioner, for the purpose of adjudication of revision, shall requisition the records from the Income-tax Officer. It needs no special emphasis to state that if the petitioner wants to file any other documents or if the Commissioner requires the petitioner to file any further documents, the same shall be duly complied with. 9. Accordingly, the writ petition is disposed of wi .....

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