← Library
Madras High CourtCMP/26285/2019stay made absolute

The Principal Commissioner Of Incomet Tax v. A.S.Manjunath Sadasivam

2020-07-06Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Monday, the Sixth day of July Two Thousand Twenty PRESENT THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM and THE HON`BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN CMP.Nos.26285, 26288 & 26289 of 2019 WA.Nos.4223 to 4225 of 2019 1 THE PRINCIPAL COMMISSIONER [PETITIONERS IN ALL THE OF INCOME TAX, ROOM NO.701, PETITIONS ] VIITH FLOOR, NEW BLOCK 121, NUNGAMBAKKAM HIGH ROAD, CHENNAI-34 2 THE CHIEF COMMISSIONER OF INCOME TAX 1, NEW BLOCK 121, NUNGAMBAKKAM HIGH ROAD, CHENNAI-34 3 THE INCOME TAX OFFICER (I/C) NON CORPORATE WARD 2(5), NEW BLOCK 121, Vs A.S.MANJUNATH SADASIVAM ... RESPONDENT in CMP.Nos.26285, LEGAL HEIR OF LATE.PUSHPARANI 26288 & 26289 of 2019 OLD NO.23 NEW NO.51 NORTH BOAG ROAD T.NAGAR CHENNAI- 17 1 CMP No.26285 of 2019 To grant interim stay of the operation of the order dt. 09.08.2019 in WP.No.9147/2017 2 CMP No.26288 of 2019 To grant interim stay of the operation of the order dated 09.08.2019 in WP.No.9146/2017 3 CMP No.26289 of 2019 To grant interim stay of the operation of the order dt. 09.08.2019 in WP.No.9148/2017

Order : These petitions coming on for orders upon perusing the petition and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.D.PRABHU MUKUNTH ARUN KUMAR, Advocate for the petitioner in all the petitions and of M/S.V.S.JAYAKUMAR, Advocate for the respondent in all the petitions the court made the following order:- (Order of the Court was made by T.S.SIVAGNANAM, J) We have heard the learned counsel for the appellants and the learned counsel for the respondent.

2.It is submitted by the learned counsel for the respondent that the assessee proposes to avail the benefit of a scheme announced by the CBDT by which a settlement could be arrived at and therefore, request for deferment of the proceedings. 3.We find that the writ appeals were entertained and an order of interim stay has been granted, which is in force from 06.12.2019. Since the assessee proposes to avail the benefit of the scheme, we are of the view that the interim order, which has been granted on 06.12.2019 in CMP.Nos.26285, 26288 & 26289 of 2019 should continue till the disposal of the appeals and should await the decision to be taken in the scheme. 4.Therefore, the interim order already granted on 06.12.2019 in CMP.Nos.26285, 26288 & 26289 of 2019 is made absolute. Consequently, CMP.Nos.26285, 26288 & 26289 of 2019 are disposed of. List the writ appeals on 24.08.2020.

-sd/- 06/07/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL COMMISSIONER OF INCOME TAX, ROOM NO.701, VIITH FLOOR, NEW BLOCK 121, NUNGAMBAKKAM HIGH ROAD, CHENNAI-34 2 THE CHIEF COMMISSIONER OF INCOME TAX 1, NEW BLOCK 121,

3 THE INCOME TAX OFFICER (I/C) NON CORPORATE WARD 2(5), NEW BLOCK 121, C.C. to M/S.D.PRABHU MUKUNTH ARUN KUMAR, Advocate on payment of necessary charges C.C. to M/S.V.S.JAYAKUMAR, Advocate on payment of necessary charges Order in CMP.Nos.26285, 26288 & 26289 of 2019 WA.Nos.4223 to 4225 of 2019 Date :06/07/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(10/07/2020)