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Madras High CourtWP/20845/2016disposed of

M/S.Buhari Hotels & Motels v. Joint Commissioner Of

2016-08-11Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.Nos.20845 to 20847 of 2016 WMP.Nos.17859 to 17861 of 2016 M/s.Buhari Hotels and Motels Pvt Limited by its Director Mumtaz Buhari, Chennai-8 Petitioner in all WPs Vs The Joint Commissioner of Income Tax Corporate Circle I(2), Nungambakkam Chennai-34 Respondent in all WPs Prayer:- These Writ Petitions are filed to issue a Writ of Certiorarified Mandamus to call for the records of the Respondent in PAN:AAECB4681M, dated 9.6.2016, relating to the assessment year 2008-2009, 2011-2012 and 2013-2014 and to quash the same and to stay recovery of the disputed demand till the disposal of the statutory appeal filed and pending before the Commissioner of Income Tax (Appeals). For Petitioner :

Dr.Anita Sumanth For Respondent :

Mr.T.Ravikumar

ORDER

These Writ Petitions are filed to issue a Writ of Certiorarified Mandamus to call for the records of the Respondent in PAN:AAECB4681M, dated 9.6.2016, relating to the assessment year 2008-2009, 2011-2012 and 2013-2014 and to quash the same and to stay recovery of the disputed demand till the disposal of the statutory appeal filed and pending before the Commissioner of Income Tax (Appeals).

2. This court heard the learned counsel on either side and also perused the materials placed on record.

3. After some elaborate arguments, it is brought to the notice of court by the learned counsel for the Petitioner that the appeals filed against the impugned orders are pending before the Appellate Authority. As per the directions of this https://hcservices.ecourts.gov.in/hcservices/

court, the learned counsel for the Respondents also verified and reported that the amount as stated by them had been deposited into the Department. In view of the same, it is suffice to direct the Appellate Authority to dispose of the appeals filed by the Petitioner. Accordingly, the Appellate Authority is directed to dispose of the appeals filed by the Petitioner, on merits and in accordance with law, as expeditiously as possible. In the mean while, there shall not be any recovery.

4. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, the connected MPs are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Srcm To:

1. The Joint Commissioner of Income Tax Corporate Circle I(2), Nungambakkam Chennai-34

2. Commissioner of Income Tax (Appeals) Chennai. + 1 cc to M/s. Dr. Anitha Sumanth, Advocate, S.R.No.46027 + 1 cc to Mr.T. Ravikumar, Advocate SR.46161 AK(CO) EU(08/09/2016) WP.Nos.20845 to 20847 of 2016 https://hcservices.ecourts.gov.in/hcservices/