M/S. Sai Prasad Properties Ltd. Thr. Its Director Shri Balasaheb Keshav Bhapkar. v. The Department Of Income Tax, Thr. The Commissioner Of Income Tax And 2 ORS.

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 10 OF 2015 IN TAX APPEAL NO. 68 OF 2014 M/S. SAI PRASAD PROPERTIES LTD.

THR. ITS DIRECTOR SHRI BALASAHEB KESHAV BHAPKAR.

... Applicant

Versus

THE DEPARTMENT OF INCOME TAX, THR.

THE COMMISSIONER OF INCOME TAX AND 2 ORS.

... Respondent Shri Vilas P Thali, Advocate for the applicant. Ms. Asha Desai, Advocate for the respondents. Coram:- F. M. REIS & M. S. SANKLECHA, JJ.

Date:- 27th March, 2015 P.C.:

Heard Shri V. P. Thali, learned Counsel appearing for the applicant and Ms. A. Desai, learned Counsel appearing for the respondents.

2. Upon hearing the learned Counsel, it is not in dispute that in the meanwhile, the CIT(A) has disposed of the appeal by an order dated 12.2.2015 preferred by the applicant. However, Shri Thali, learned Counsel appearing for the applicant states that the applicant would prefer an appeal within the period of limitation along with an application for interim relief and that until the applicant obtains

MCA/10/2015 some relief from the CIT(A), the respondent should not take any coercive action, based on the attachment carried out by the respondents.

3. In the peculiar facts and circumstances of the case and in the interest of justice, the respondents shall not take any further coercive action in connection with the assets attached of the applicant for a period of two weeks from today, or until the application for interim relief that may be filed by the applicant, is disposed of by the CIT(A), whichever is earlier. M. S. SANKLECHA, J.

F. M. REIS, J.

ssm.