Kandasamy Kumaran v. Deputy Commissioner Of Income Tax
2011-03-07
M.JAICHANDREN
body2011
DigiLaw.ai
Judgment :- 1. The main contention of the learned Advocate General, appearing on behalf of the learned counsel for the petitioner, is that the impugned notice, dated 2.3.2011, had been issued by the respondent, without any prior notice being issued to the petitioner. 2. He had also submitted that the stay application filed by the petitioner, against the order of assessment, dated 31.12.2010, is pending before the Commissioner of Income Tax (Appeals), in ITA No.124/2010-11. As such, the impugned notice of the respondent, dated 2.3.2011, is bad in law. 3. The learned counsel appearing for the respondent had submitted that the impugned notice issued by the respondent is in accordance with law. However, he had not been in a position to show that prior notice had been sent to the petitioner before the impugned notice, dated 2.3.2011, had been issued. 4. In such circumstances, the impugned notice of the respondent, dated 2.3.2011, is set aside. The Commissioner of Income Tax (Appeals), the appellate authority, shall dispose of the stay application filed by the petitioner, against the assessment order, dated 31.12.2010, in ITA No.124/10-11, within a period of two weeks from the date of receipt of a copy of this order. The writ petition stands ordered accordingly. No costs. Connected M.P.Nos.1 and 2 of 2011 are closed.