IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 21-03-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.6381 of 2011 and M.P.No.1 of 2011 Amaranarayana Reddy .. Petitioner. Versus 1. Assistant Commissioner of Income-Tax, Business Circle-III, 121, Nungambakkam High Road, Chennai-600 034. 2.Commissioner of Income-Tax (Appeals) VIII, 121, Nungambakkam High Road, Chennai-600 034. 3.Income Tax Appellate Tribunal, Bench "D", Rajaji Bhavan, Besant Nagar,Chennai-600 090. 4.Assistant Commissioner of Income-tax, Circle-II(1), Thirupathi. .. Respondents. Prayer: Petition filed seeking for a writ of Certiorarified Mandamus, calling for the records in S.P.No.03(mds)/2011, dated 4.2.2011, relating to the Assessment Year 2007-2008, on the file of the third respondent and quash the same and directing the 3rd respondent to grant stay till disposal of appeal. For Petitioner : Mr.N.Muthukumar For Respondents : Mr.J.Narayanasamy Mr.T.R.Senthil Kumar (R1, R2 and R4) O R D E R 1. At this stage of the hearing of the writ petition the learned counsel appearing on behalf of the petitioner has submitted that even though the petitioner was prepared to argue the appeal pending before the third respondent, on 14.2.2011, the appeal was not taken up for hearing. Since the stay petition had been dismissed by the third respondent, the fourth respondent may initiate recovery proceedings against the petitioner, under the Income Tax Act, 1961. https://hcservices.ecourts.gov.in/hcservices/ 2. In view of the averments made in the affidavit filed in support of the writ petition, and in view of the averments made by the learned counsel appearing on behalf of the petitioner, the impugned order is set aside, in so far as it relates to the rejection of the request of the petitioner for the grant of stay of the income tax dues payable by the petitioner. 3. The third respondent is directed to dispose of the appeal, in Appeal No.2115/CHNY-2010, as expeditiously as possible. Till the disposal of the appeal, by the third respondent, no recovery action shall be initiated against the petitioner, for the income tax dues payable by the petitioner. However, the petitioner shall co-operate, fully, in the appeal proceedings pending before the third respondent. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar csh To 1. Assistant Commissioner of Income-Tax, Business Circle-III, 121, Nungambakkam High Road, Chennai-600 034. 2.Commissioner of Income-Tax (Appeals) VIII, 121, Nungambakkam High Road, Chennai-600 034. 3.Income Tax Appellate Tribunal, Bench "D", Rajaji Bhavan, Besant Nagar, Chennai-600 090. 4.Assistant Commissioner of Income-tax, Circle-II(1), Thirupathi. + 1 cc to Mr.Dr.Anitha Sumanth, Advocate SR.19977 + 1 cc to Mr.J. Naryanasamy, Advocate sr.19914 Writ Petition No.6381 of 2011 BK(CO) Eu 27.4.11 https://hcservices.ecourts.gov.in/hcservices/