Kalindi Distributors Pvt Ltd v. Principal Commissioner Of Income Tax I,Kol And ORS

16.12.2020 ss W.P.A. 9473 of 2020 (Through Video Conference) , M/s. Kalindi Distributors Private Limited Vs.

Principal Commissioner of Income Tax-I, Kolkata & ors.

,, Ms. Manju Agarwal Mr. Bajrang Manot ... for the petitioner Mr. Tilok Mitra Mr. Sushil Kr. Mishra ... for the respondents This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the proceeding being taken under Section 127 of the Income Tax Act, 1961.

I have heard learned Counsel for the appearing parties and the parties have agreed that an opportunity of hearing should be given to the petitioner to appear before the officer concerned, being the Principal Commissioner of Income Tax-I, Kolkata.

In light of the above, the Principal Commissioner of Income Tax-I, Kolkata, is directed to grant an opportunity of hearing to the petitioner/petitioner's representative on December 23, 2020 at 11.30 a.m. and pass a reasoned order within a period of two weeks. The reasoned order is to be communicated to the petitioner within a period of one week from the date of passing of such reasoned order.

The petitioner is directed to be present on that date. It is made clear that in the event the petitioner is not present on that date, the officer concerned shall be at liberty to proceed and pass a reasoned order ex parte. With the above observations, this writ petition is disposed of.

Since no affidavit-in-opposition is called for, allegations made in the writ petition are deemed not to have been admitted.

All parties are to act on website copy of this order. (Shekhar B. Saraf, J.)