North Bihar Power Distribution Co. Ltd. v. Commissioner Of Income Tax And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2766 of 2018 ====================================================== North Bihar Power Distribution Co. Ltd., a company incorporated under the Companies Act, 1956 having its Head office at Vidut Bhawan Bailey Road, Patna- 800001 through its Deputy General Manager- Finance Anurag, Son of Late Rajendra Prasad, resident of Flat- No. 406, Ramayan Apartment Exhibition Road P.O. G.P.O. P.S. Gandhi Maidan, District- Patna. ... ... Petitioner/s

Versus

1. Commissioner of Income Tax, TDS having its office at Central Revenue Building Bir Chand Patel Marg, Patna.

2. Assistant Commissioner of Income Tax, TDS, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. d.V.Pathy For the Respondent/s :

Mrs. Archana Sinha @ Archana Shahi ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-03-2018 Heard learned counsel for the parties and perused the document produced by Mrs. Sinha of revenue indicating that pending finalization of the appeal which is pending before the Commissioner, Income Tax, petitioner has already deposited 15 per cent of the demand on 07.03.2018 i.e. after filing of this petition.

For the present, without entering into the controversy on merit, we direct that all the proceedings shall remain stayed and kept in abeyance till decision in the appeal by the Commissioner,Income Tax (Appeal). Commissioner, Income Tax (Appeal) is requested to expedite and dispose of the appeal

Patna High Court CWJC No.2766 of 2018(2) dt.23-03-2018 2/2 filed by the petitioner, which is pending.

The petition stands disposed of.

(Rajendra Menon, CJ) ( S. Kumar, J) ranjan/- U