Zita Vijay v. Commissioner of Income Tax (Appeals)-IX, The Office of the Commissioner of Income Tax, Nungambakkam
2012-03-30
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. Heard the learned counsels appearing for both sides. 2. The main contention of the learned counsel appearing for the petitioner is that the second respondent had passed the impugned order, dated 9.3.2012, dismissing the stay petition filed by the petitioner, dated 20.2.2012, along with the Appeal No.346/2011-12, pending on the file of the first respondent. The reasons stated in the impugned order, dated 9.3.2012, are not acceptable, as none of the grounds raised by the petitioner, in the stay petition, had been dealt with in the impugned order, dated 9.3.2012. Therefore, the impugned order of the second respondent, dated 9.3.2012, is liable to be set aside and the first respondent is to be directed to dispose of the appeal filed by the petitioner, in Appeal No.346/2011-12, without insisting on any pre-deposit being made by the petitioner. 3. Per contra, the learned counsel appearing for the respondents had submitted that the petitioner is liable to pay 50% of the amount, demanded as tax, payable by the petitioner, for an order of stay to be granted, pending disposal of the appeal filed by the petitioner, in Appeal No.346/2011-12. 4. In view of the submissions made by the learned counsels appearing for the parties concerned, and on a perusal of the records available, this Court finds it fit to direct the first respondent to hear the appeal filed by the petitioner, in Appeal No.346/2011-12, and to pass appropriate orders thereon, on merits and in accordance with law, on the petitioner depositing a sum of Rs.15,00,000/-, with the second respondent, within a period of four weeks from the date of receipt of a copy of this order, pursuant to the impugned demand made by the second respondent, by way of the notice of demand, dated 30.12.2011, under Section 156 of the Income Tax Act, 1961. The writ petition is ordered accordingly. No costs. Connected M.P.Nos.1 and 2 of 2012 are closed.