IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 06.04.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.5835 of 2011 and M.P.No.1 of 2011 Aarumuga Industries (Rep. By its partner) G-9, Vyasarpadi Industrial Estate, Chennai – 39. .. Petitioner. Versus 1.Deputy Commissioner of Income Tax, Business Circle – X Kannammai Building III Floor, 611, Anna Salai, Chennai – 600 006. 2.Commissioner of Income Tax (Appeals) IV "Aayakar Bhavan" 121 Mahatma Gandhi Road, Chennai – 600 034. .. Respondents. Prayer: Petition filed under Article 226 of the Constitution of India, to seeking for a writ of Certiorarified Mandamus, call for the records of the first respondent in proceedings No.Scrutiny/BC- X/2010-11, dated 01.03.2011, and quash the same and further forbear the first respondent from treating the petitioner as an assessee in default pending disposal of the appeal filed by the petitioner before the second respondent. For Petitioner : Mrs.Pushya Seetharaman Senior Advocate for Mr.N.C.Siddharth For Respondents : Mr.J.Narayanasamy O R D E R Heard the learned Senior Advocate representing the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the second respondent is directed to dispose of the appeal filed by the petitioner, on 19.01.2011, in respect of the assessment year, 2008-2009, on merits and in accordance with law, within a specified period. 3. The learned counsel appearing on behalf of the respondents, has no objection for such an order being passed by this Court. 4. In view of the submissions made by the learned counsels appearing on either side, the second respondent is directed to dispose of the appeal, dated 19.01.2011, on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order. However, it is made clear that no recovery shall be made from the petitioner till the disposal of the appeal, pursuant to the assessment order, dated 16.12.2010, passed under Section 143(3) of the Income Tax Act, 1961. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. cse Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Deputy Commissioner of Income Tax, Business Circle – X, Kannammai Building III Floor, 611, Anna Salai, Chennai – 600 006. 2.The Commissioner of Income Tax (Appeals) IV "Aayakar Bhavan" 121 Mahatma Gandhi Road, Chennai – 600 034. + 1 cc to Mr. N.C. Siddharth, Advocate SR No.24206 + 1 cc to Mr. J. Narayanasamy, Advocate SR No.24355 NSM(CO) SR/8.4.2011 Writ Petition No.5835 of 2011 and M.P.No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/