Madras High CourtWP(MD)/3682/2015disposed of

N.S.K Builders v. The Commissioner Of

2015-03-17Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2015

CORAM

THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.3682 of 2015 and M.P.(MD)No.1 of 2015 **** N.S.K BUILDERS REP.BY ITS DIRECTOR, S.S.K KARUNAI RAJA, NO.73/ 12- A, ANNAMALAI NAGAR, TRICHY- 18.

..Petitioner Vs.

1.THE COMMISSIONER OF INCOME TAX (APPEALS), TRICHY.

2.THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-III, NO.44, WILLIAMS ROAD, CANTONMENT, TRICHY-1.

..Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1st respondent herein to decide the statutory appeal of the petitioner dated 28.10.2014 within a time stipulated by this Court.

For Petitioners : Mr.Veerakathiravan For Respondents : Mr.R.Krishnamurthy

ORDER

The only request made by the petitioner is that the appeal is pending before the appellate authority, the first respondent herein.

2. Since the appeal is not disposed of and it is only a pure matter of family payment, he only seeks for early disposal of the appeal.

3. The learned Senior Counsel appearing for the respondents would only contend that the appellate authority is taking all the earnest endeavour to dispose of appeal in time.

4. Taking into consideration of the limited scope of the prayer made by the petitioner, the first respondent is directed to dispose of the appeal within a period of five months from the date of receipt of a copy of this order. The petitioner will pay 10% of the demand within a period of four weeks and on such payment, there will not be any coercive steps to collect the amount till the disposal of the appeal. It is made clear that the petitioner will co-operate with the early disposal of the appeal.

5. The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Per Admn) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.THE COMMISSIONER OF INCOME TAX (APPEALS), TRICHY.

2.THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-III, NO.44, WILLIAMS ROAD, CANTONMENT, TRICHY-1.

+1CC to M/s.R.Krishnamoorthy, Advocate in SR.12774 +1CC to M/s.Veerakathiravan, Advocate in SR.12694 W.P(MD).No.3682 of 2015 17.03.2015 rj2 PBK 24/03/2015 ::2P-5C:

https://hcservices.ecourts.gov.in/hcservices/