TMI Blog2018 (5) TMI 1267X X X X Extracts X X X X X X X X Extracts X X X X ..... the demand is enforced and the tax is recovered then the very purpose of filing an appeal will be negated and such an appeal is liable to become infractuous. Therefore, the Authority has to necessarily wait till the the expiry of appeal time, which in the instant case stated to be expired on 18.05.2018. Therefore, till then the impugned notice should be kept in abeyance. Thus, for the above rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The petitioner in both the writ petitions is one and the same and the relief sought for in W.P.No.7819 of 2018 is to quash the notice issued by the respondent under Section 226(3) of the Income-tax Act, 1961. In W.P.No.7820 of 2018, the petitioner seeks for a writ of prohibition to forbear the respondent from taking any coercive steps towards recovery of the alleged liability for the Assessment Ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment of the Hon'ble Supreme Court in the case of Bombay Stock Exchange Vs. V.S.Kandalgaonkar and others [(2015) 2 SCC Page 1] as the debts of the petitioner are secured with the Indian Bank which has offered Open Cash Credit facility with a limit of ₹ 85 Crores (at present ₹ 75 Crores) and the first charge over all present and future assets including the receivables is wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrears of demand against the petitioner pending disposal of the appeals before the CIT (A) and for a direction upon the CIT (A) to dispose of the appeals within a time frame. It is pointed out that this Court, by order dated 26.10.2017, dismissed W.P.27209 of 2019 and disposed of W.P.No.27210 of 2017 by observing that the CIT (A) may expedite the disposal of the appeal. It is pointed out that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e impugned notice should be kept in abeyance. 8. Thus, for the above reasons, the writ petitions are disposed of by directing the respondent to keep the impugned notice dated 28.03.2018 in abeyance till 25.05.2018. Within such time, it is open to the assessee to approach the ITAT and secure appropriate orders. Upon failure of assessee to obtain any orders either interim or final from the ITAT w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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