IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 4.3.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.5159 of 2011 1 M/S. RANE (MADRAS) LIMITED [ PETITIONER ] MAITHRI 132 CATHEDRAL ROAD CHENNAI-86 REP. BY ITS CHAIRMAN SHRI.L.GANESH. Vs 1 THE COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT 1175 J.N.INNER RING ROAD ANNA NAGAR WESTERN EXTENSION CHENNAI- 101. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) LARGE TAX PAYER UNIT 1175 J.N.INNER RING ROAD ANNA NAGAR WESTERN EXTENSION CHENNAI-101. 3 THE DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT 1175 J.N.INNER RING ROAD ANNA NAGAR WESTERN EXTENSION CHENNAI-101. [ RESPONDENTS ] Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus to call for the records of the petitioner on the file of the 3rd Respondent and quash the impugned order in F.No.Stay/Rane (Madras)/2010-11 dated 03.02.2011 and direct the 3rd Respondent to grant stay of collection of tax and interest for the assessment years 2008-09 till the disposal of the appeal by the 2nd Respondent. For petitioner : Mr.Subbaraya Aiyar For respondents : Mr.J.Narayanasamy https://hcservices.ecourts.gov.in/hcservices/ O R D E R At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that the impugned order of the third respondent, dated 3.2.2011, may be set aside and the petitioner may be permitted to pay a sum of Rs.1 crore, on or before 31.3.2011 and a similar sum of Rs.1 crore, on or before 30.4.2011. On the petitioner fulfilling the said conditions, it should not be considered as an assessee in default, till the disposal of the appeal, pending before the second respondent. 2. The learned counsel appearing for the respondents had no objection for this Court passing such an order. 3. In such circumstances, the impugned order of the third respondent, dated 3.2.2011, is set aside. The petitioner shall pay an amount of Rs.1 crore (Rupees one crore), on or before 31.3.2011 and a similar sum of Rs.1 crore (Rupees one crore), on or before 30.4.2011. On the petitioner fulfilling the said conditions, it shall not be considered as an assessee in default, for the balance payment of income tax and interest accrued thereon, till the disposal of the appeal, pending on the file of the second respondent. The writ petition stands ordered accordingly. No costs. Connected M.P.No.1 of 2011 is closed. lan Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To: 1 THE COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT 1175 J.N.INNER RING ROAD ANNA NAGAR WESTERN EXTENSION CHENNAI- 101. https://hcservices.ecourts.gov.in/hcservices/ 2 THE COMMISSIONER OF INCOME TAX (APPEALS) LARGE TAX PAYER UNIT 1175 J.N.INNER RING ROAD ANNA NAGAR WESTERN EXTENSION CHENNAI-101. 3 THE DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT 1175 J.N.INNER RING ROAD ANNA NAGAR WESTERN EXTENSION CHENNAI-101. + 1 cc to M/s. R. Vijayaraghavan, Advocate SR No.15714 + 1 cc to Mr. J. Narayanaswamy, Advocate SR No.15929 Writ Petition No.5159 of 2011 KSK(CO) SR/4.3.2011 https://hcservices.ecourts.gov.in/hcservices/