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2016 (6) TMI 1132 - MADRAS HIGH COURT

2016 (6) TMI 1132 - MADRAS HIGH COURT - TMI - Grant of stay - recovery proceedings - Held that:- From the averments made in the affidavit filed by the petitioner as well as the proceedings of the Commissioner of Income Tax Appeals it is evident that the hearing of the appeals have been concluded and all that is to be done is to pass an order. - The learned Standing counsel for the respondents/Department, on instructions, submitted that orders will be passed within a period of eight weeks.Th .....

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passed by the Commissioner of Income Tax Appeals, which according to the respondents, will be passed within a period of eight weeks, no action for recovery or no other coercive action shall be taken against the petitioner, pursuant to the impugned orders. Further action by the respondent department shall abide by the orders to be passed by the Commissioner of Appeals, in the appeals which have been filed by the petitioner. - W.P.Nos. 40775 of 2015, 18347 of 2014 and 33736 of 2013 and M.P.Nos.1 o .....

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nsel, who accepts notice for the respondents and with the consent of parties, the writ petitions are taken up for final disposal. 2. In all these writ petitions, the challenge is to the orders passed by the Assistant Commissioner of Income Tax under Section 220(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' in short). By the said orders, a condition has been imposed by the authority for grant of stay. 3. The first writ petition was filed in the year 2013 and an inte .....

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petitioner. Hence, there is no power vested with the 5th respondent to exercise jurisdiction in respect of the special privilege fee, which has been considered and decided in appeal by the Tribunal under Explanation (c) to Section 263(1) of the Act. He also submits that the action of the respondents his ultravires the provisions of the Act and thus, there is a scope of interference by this Court to quash the show cause notice. 3.Considering the same, there shall be an order of interim stay till .....

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arned Additional Advocate General that the Commissioner of Income Tax (Appeals) has already taken up the appeals and the hearing is about to conclude. Therefore, this Court directed the writ petitioner to file an affidavit, by passing the following order: "Heard Mr.P.H.Arvind Pandian, learned Additional Advocate General for the petitioner and Ms.Pushpa, learned Standing Counsel for the respondents. 2.In all the writ petitions, at the time when they were entertained, an order of interim stay .....

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this Court is of the view that it will be inequitable to disturb the interim order, which has been continuing since 2013. However, to make things clear, there will be a direction to the petitioner to file an affidavit setting out as to what is the stage of the appeals and other connected matters. 5. Post on 16.6.2016." 5. Pursuant thereto, an affidavit has been filed by the writ petitioner stating that for the assessment year 2010-11, the appeal in I.T.A.No.670/13-14 was posted for hearing .....

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