Sarat Chandra Badajena v. The Tax Recovery Officer Tro Pcit 1 Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.4298 of 2022 Sarat Chandra Badajena ....

Petitioner Mr. Choudhury Satyajit Mishra, Advocate -versusThe Tax Recovery Officer, TRO PCIT 1 Bhubaneswar and others ....

Opposite Parties Mr. T. K. Satapathy, Senior Standing Counsel for the Income Tax Department

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK Order No.

ORDER

05.04.2022 02.

1. Learned counsel for the Petitioner is permitted to apply to the Commissioner of Income Tax (Appeals), Bhubaneswar [CIT(A)] before whom the appeal on remand from the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (ITAT) is pending, seeking stay of the impugned summon dated 1st December, 2021 issued by the Tax Recovery Officer, Bhubaneswar (TRO).

2. A further direction is issued to the CIT(A) to expedite the disposal of the pending appeal of the Petitioner and in any event, dispose it of in accordance with law on or before 2nd September, 2022. The appeal will be listed before the CIT(A) for directions on 25th April, 2022.

3. Till such time the CIT(A) passes an appropriate order on the application for interim relief, the impugned notice of the TRO shall not be proceeded with.

4. The writ petition is disposed of in the above terms.

5. This order be communicated to the CIT(A) forthwith for compliance.

(Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge M. Panda