K.Venkatakrishnan, v. The Principal Commissioner Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2016
CORAM
THE Hon'ble Mr.JUSTICE M. DURAISWAMY W.P.No.11610 of 2016 and WMP No.10009 and 10010 of 2016 K. Venkatakrishnan .. Petitioner Vs.
1. Principal Commissioner of Income Tax-10, 6th floor, Annex Building, M.G. Road, Nungambakkam, Chennai - 600 034
2. Tax Recovery Officer, O/o the Commissioner of Income Tax -10, Chennai - 34
3. The Wealth Tax Officer, Non-Corporate Ward 20(2), Room No.406, 4th floor, Wanarparthy Block, 121, M.G. Road, Nungambakkam, Chennai - 600 034 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari to call for the records of the second respondent herein in T.R.No.199/13-14/PCIT 10 and quash the order dated 26.02.2016. For Petitioner :
Ms.J.Sree Vidya For Respondents :
Ms.V.Pushpa for Mr.M.Swaminathan Standing Counsels
ORDER
The petitioner has filed the above writ petition to issue a Writ of Certiorari to call for the records of the second respondent herein in T.R.No.199/13-14/PCIT 10 and quash the order dated 26.02.2016.
2.
It is the case of the petitioner that his father late Deenadayulu Reddy owned a property in Alandur and executed a Registered General Power of Attorney coupled with an unregistered agreement for sale in favour of one S.P. Velayutham on 23.08.2006 and handed over vacant possession and title deeds of the said property to the said purchaser and received the sale consideration for the same. The said Deenadayulu Reddy filed returns under the Income Tax Act for the Assessment Year 2007-08 and claimed exemption under the Capital Gains for the sale of the said property. Subsequently, the said Deenadayulu Reddy had died on 26.08.2009.
After the death of Deenadayulu Reddy, the second respondent issued a Notice to the petitioner, as the legal heir of the said Deenadayulu Reddy, proposing to make wealth tax assessment on his deceased father for the assessment year 2007-2008. The petitioner filed "NIL" return on behalf of his deceased father and explained that with effect from 23.08.2006, his father had transferred the property in favour of the power agent and therefore, his father was not liable to wealth tax for the Assessment Year 2007-2008. However, the third repsondent passed an order on 27.03.2015. As against, the petitioner filed an appeal along with stay petition before the first appellate authority and the same is pending. 3.
Ms.V. Pushpa, learned Standing counsel, taking notice for the respondents, submitted that since the appeal, preferred by the petitioner, is pending before the first appellate authority, the first appellate authority may be directed to dispose of the appeal within a stipulated time. 4.
The learned counsel for the petitioner also submitted that the first appellate authority may be directed to dispose of the appeal, preferred by the petitioner, within a stipulated time and till such time, the respondents may be directed to maintain status-quo.
5.
Having regard to the submissions made by the learned counsel on either side, the first appellate authority is directed to dispose of the appeal, filed by the petitioner, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and the respondents are directed to maintain status-quo till the disposal of the appeal. With this observation, the writ petition
is disposed of. No costs. Consequently, connected Mps are closed. sr Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To
1. The Principal Commissioner of Income Tax-10, 6th floor, Annex Building, M.G. Road, Nungambakkam, Chennai - 600 034
2. Tax Recovery Officer, O/o the Commissioner of Income Tax -10, Chennai - 34
3. The Wealth Tax Officer, Non-Corporate Ward 20(2), Room No.406, 4th floor, Wanarparthy Block, 121, M.G. Road, Nungambakkam, Chennai - 600 034.
+ 1 cc to Mr.M.Swaminathan, Advocate Sr 19619 + 1 cc to Ms.J.Sree Vidya, Advocate Sr 19468 KR/30/3/16 W.P.No.11610 of 2016