Dr. Prannoy Roy v. Deputy Commissioner Of Income - Tax, Circle- 18(1) & ANR.

$~27 and 28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6170/2019 DR. PRANNOY ROY ..... Petitioner Through:

Mr.Sachit Jolly with Mr.Rohit Garg and Mr.Siddharth Joshi, Advocates.

versus DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE- 18(1) & ANR.

..... Respondents Through:

Mr.Asheesh Jain, Senior Standing Counsel with Mr.Adarsh K.Gupta, Advocate.

+ W.P.(C) 6197/2019 MRS.RADHIKA ROY ..... Petitioner Through:

Mr.Sachit Jolly with Mr.Rohit Garg and Mr.Siddharth Joshi, Advocates.

versus DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE18(1) & ANR. ..... Respondents Through:

Mr.Asheesh Jain, Senior Standing Counsel with Mr.Adarsh K.Gupta, Advocate.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE ASHA MENON

O R D E R

% 29.05.2019 CM APPL. 26525/2019 (exemption) in W.P.(C) 6170/2019 CM APPL. 26613/2019 (exemption) in W.P.(C) 6197/2019

1. Allowed, subject to all just exceptions.

W.P.(C) 6170/2019 and CM APPL. 26524/2019 (stay) W.P.(C) 6197/2019 and CM APPL. 26612/2019 (stay)

2. Notice. Mr.Asheesh Jain, learned Senior Standing Counsel, accepts notice for the Respondents.

3. Mr.Asheesh Jain, learned Senior Standing Counsel for the Revenue appearing on advance notice informs the Court that application by the Petitioners for stay of the penalty order dated 28th March 2019 which is stated to be pending with the Principal Commissioner of Income Tax (Pr CIT) since 28th December 2018, is yet to be decided. As regards the apprehension expressed by the Petitioners regarding the letter written to them by the Assessing Officer requesting them to disclose a schedule for payment of the penalty, Mr. Jain states that no coercive steps are contemplated against the Petitioners till such time the Pr CIT decides the stay application. He states that if a time bound direction is issued for disposal of the said application, it will be complied with by the Pr CIT.

4. In that view of the matter, the Court directs the Pr CIT to decide the stay application filed by the Petitioners not later than 31st July 2019 and to communicate the said order to each of the Petitioners within 10 days

thereafter. Till the date of communication of the said order, no coercive steps shall be taken against the Petitioners.

5. The writ petitions are disposed of in the above terms. The pending applications are also disposed of.

6. Copy of this order be given „dasti‟ under the signatures of the Court Master.

S. MURALIDHAR, J.

ASHA MENON, J.

MAY 29, 2019 tr