Manish Jain v. Union Of India And ORS.

OD-3 W.P.O. No. 2307 of 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Original Side MANISH JAIN Vs.

UNION OF INDIA AND ORS.

BEFORE :

The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 5th July, 2022.

Mr. Pranit Bag, Mr. Anuj Kumar Mishra, Ms. Bagarani Patra, Advs.

...for the petitioner The Court : Learned advocate appearing for the petitioner is present and files affidavit of service which may be kept with the record. None appears for the respondents in spite of service of notice. By this writ petition, petitioner has made a very innocuous prayer of direction upon the respondent CIT(Appeals) concerned to dispose the appeal in question being Appeal No. CIT(A), Kolkata-2/10377/2017-18 for the assessment year 2010-11 and Appeal No. CIT(A), Kolkata2/10381/2017-18 for the assessment year 2015-16 filed by the petitioner on 1st January, 2018 which is still pending and has not been disposed of though more than four years have been passed. Petitioner submits that even the hearing has been concluded and written notes of argument has already been filed but still no order has been passed by the Appellate Authority on the appeal in question. It also appears from

record at page 65 of the writ petition that petitioner by its letter dated 29th April, 2019 that in the appeal in question written submissions were submitted and the CIT (Appeals) concerned was requested to pass a final order and in spite that no final order has been passed by the CIT (Appeals) concerned.

Considering the submission of the petitioner and facts and circumstances as appears from record, this writ petition being WPO 2307 of 2022 is disposed of by directing the Commissioner of Income Tax (Appeals-II) to pass the final order in appeal in question within eight weeks from the date of communication of this order. (Md. Nizamuddin, J.) TR/