M/S. Arsh Bread And Backery Pvt. Ltd. v. Tax Recovery Officer & ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5808/2019 & CM 25282/2019 M/S. ARSH BREAD AND BAKERY PVT. LTD. ..... Petitioner Through:

Mr Deepak Chopra and Mr Harpreet Singh Ajmani, Advocates.

versus TAX RECOVERY OFFICER & ORS. ..... Respondents Through:

Mr Raghvendra Kishore Singh, Senior Standing Counsel for Respondent / Revenue with Mr Vipul Agrawal, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE ASHA MENON

O R D E R

% 27.05.2019

1. Notice. Notice is accepted by Mr Raghvendra Kishore Singh, learned Standing Counsel for the Respondent/ Revenue.

2. The short point urged in this petition is that the appeal filed by the Petitioner, before the Commissioner of Income Tax (Appeals) [„CIT(A)‟], Ghaziabad (Respondent No.3) is not being taken up for hearing and in the meanwhile the Respondents are proposing to give effect to the recovery notices dated 31st March, 2018 and 7th May, 2019, issued to the Petitioner for the Assessment Year („AY‟) 2009-10.

3. There is also an issue regarding jurisdiction of the Respondent No.2 i.e.

Income Tax Officer, Ghaziabad to issue the above recovery notices to the Petitioner, which is otherwise being assessed in Delhi.

4. At this stage, this Court would only request that the CIT (A), Ghaziabad disposes of the pending appeal of the Petitioner expeditiously, and in any event, not later than 30th September, 2019. Till such time, no coercive action shall be taken against the Petitioner pursuant to the aforesaid recovery notices issued to it.

5. The petition is disposed of with above directions. Pending application is also disposed of.

6. Dasti under the signatures of the Court Master. S. MURALIDHAR, J.

ASHA MENON, J.

MAY 27, 2019 rd