TMI Blog2018 (11) TMI 795X X X X Extracts X X X X X X X X Extracts X X X X ..... concerned, it is stated that they are in the process of filing appeals. They would further state that the period of limitation is 120 days and that the period is yet to be over. It is settled legal principle that before the expiry of appeal time, if recovery proceedings are initiated, it would virtually render the appeal as infructuous. Therefore, considering the fact that the said writ petitions were directed to be numbered subject to maintainability and that there has been an interim order in force since 30.8.2018, we are of the considered view that the petitioners should be protected against the recovery proceedings. Hence, we restrain the respective Assessing Officers of the petitioners – insurance companies not to initiate any re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d an objection with regard to maintainability on the ground that as against the impugned orders passed by the Income Tax appellate Tribunal (for brevity, the Tribunal), an appeal lies to this Court under Section 260A of the Income Tax Act, 1961 (for short, the Act) and the appeal has to be decided on a substantial question of law to be framed by the Division Bench. 3. It is represented by the learned Senior Counsel appearing for the Cholamandalam MS General Insurance Company Limited and the Royal Sundaram General Insurance Company Limited that the said writ petitions were directed to be numbered on 28.8.2018 subject to maintainability and by order dated 30.8.2018, an order of interim stay has been granted for a period of four weeks. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re justified in their action in approaching this Court by filing the said writ petitions and had impleaded them as respondents 3 to 6. 7. In our considered view, the issue regarding maintainability of the writ petitions has become academic, as the Cholamandalam MS General Insurance Company Limited has already filed tax case appeals against the orders passed by the Tribunal and those appeals are in the process of being numbered. 8. So far as the other insurance companies are concerned, it is stated that they are in the process of filing appeals. They would further state that the period of limitation is 120 days and that the period is yet to be over. 9. It is settled legal principle that before the expiry of appeal time, if recovery ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctive counter, which will be taken as the stand of both of them in the tax case appeals, in which, we will implead them as party respondents. We direct the petitioners herein to get their appeals numbered and they shall be listed on 20.11.2018 for admission. Registry is further directed to list the miscellaneous petitions wherever the petitioners filed the same for dispensing with the production of certified copies of the orders passed by the Tribunal or where they sought for accepting the cause title, etc. Registry is also directed to list the miscellaneous petitions well before 20.11.2018. We also make it clear that the interim protection granted to the petitioners in the said writ petitions on 30.8.2018, which we have extended to the oth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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