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Madras High CourtWP/12208/2018disposed of

M/S. Vasan Medical Centre v. The Assistant Commissioner Of

2018-05-16Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.05.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P.No.12208 of 2018 & WMP.Nos.14242 & 14243 of 2018 M/s.Vasan Medical Centre(India) Pvt. Ltd., rep. by its Managing Director, Dr.A.M.Arun,s/o.Thiru.A.R.Murugaiah 15-A, Thillainagar, Tiruchirapali-620 018.

.... Petitioner versus

1. The Assistant Commissioner of Income Tax, Central Range-2 1st Floor, Room No.108, New No.46, 2.The Principal Commissioner of Income Tax, Central -2, Investigation Wing, III Floor, No.46(Old No.108), 3.The Directorate General of Income Tax(Investigation), No.46(Old No.108), Mahatma Gandhi Road, Nungambakkam, 4.The Commissioner of Income Tax(Appeals)-18, Room No.303, Investigation Wing, No.46(Old No.108), ... Respondents Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of certiorarified mandamus to call for the records in ACIT/Cent.Cir2(1)AADCV3057G/2018-19 dated 17.04.2018 relating to assessment years 2012-13 to 2015-16 on the file of the first respondent and quash the same and further forbearing the first respondent from initiating or continuing with any proceedings for recovery of the disputed demand pursuant to the order of penalty in dated 30.01.2018 passed by

the first respondent relating to Assessment Years 2012-13 to 2015-16.

For Petitioner : Mr.G.Baskar For Respondents : Mr.A.P.Srinivas, SC

O R D E R

Challenge in this writ petition is to the recovery of penalty levied on the petitioner.

2. Admittedly, an appeal filed by the petitioner against the order of the Assessing Authority levying penalty is pending before the fourth respondent herein namely, the Commissioner of Income Tax(Appeals)-18.

3.It is also submitted by the learned counsel for the petitioner that the respondents have attached the Bank accounts of the petitioner.

4. In view of the above, this writ petition is disposed of with a direction to the fourth respondent to consider and dispose of the said appeal filed by the petitioner in accordance with law within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar dn To

1. The Assistant Commissioner of Income Tax, Central Range-2, 1st Floor, Room No.108, New No.46,

2.The Principal Commissioner of Income Tax, Central -2, Investigation Wing, III Floor, No.46(Old No.108), 3.The Directorate General of Income Tax(Investigation), No.46(Old No.108), Mahatma Gandhi Road, Nungambakkam, 4.The Commissioner of Income Tax(Appeals)-18, Room No.303, Investigation Wing, No.46(Old No.108), +1cc to Mr.A.P.Srinivas,Senior Standing Counsel Income Tax, sr.no.33723 +1cc to Mr.G.Baskar, Advocate sr.no.33689 WP.NO.12208/2018 NMI(CO) NR 04/06/2018