IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 9207 of 2009 Between: M/s. B.D.R. Projects Pvt. Ltd., 8-2-293/82/NL/6A, MLA & MP Colony, Jubilee Hills, Road No. 10C, Hyderabad, represented by its Managing Director, B.Dhanumjaya Rao S/o.B.Koteswara Rao. ..... PETITIONER AND Assistant Commissioner of Income Tax Circle - 1(3), Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction one in the nature of Mandamus declaring that the notice issued by the respondent U/Sec. 226(3) of the Income Tax Act, 1961 directing the South Central Railway, Secunderabad to pay the disputed tax for the assessment year 2004-05 as arbitrary, illegal and consequently direct the respondent not to take coercive steps for the recovery of a sum of Rs.17,34,337/- pending disposal of the application filed U/Sec. 254(2) of the Income Tax Act, 1961 and also the stay petitions filed before the Hon'ble Income Tax Appellate Tribunal, Hyderabad for the Assessment Year 2004-05. Counsel for the Petitioner: MR.A.V.KRISHNA KOUNDINYA Counsel for the Respondent: MR.B.NARASIMHA SARMA The Court made the following : THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.9207 of 2009 ORDER: (per Sri Anil R. Dave, CJ) Rule. Service of Rule is waived by Sri B. Narasimha Sarma, learned Standing Counsel appearing for the respondent. At the request of the learned Advocates, the petition is finally heard today. It has been submitted by the learned Advocates appearing for the parties that at present a rectification petition in I.T.A. No.522/Hyd/2008 is pending before the Income Tax Appellate Tribunal, Hyderabad, and if that application is finally disposed of, most of the grievance ventilated in this petition would be redressed. In view of the above submission made by the learned Advocates, without going into the merits of the case, we request the Income Tax Appellate Tribunal, Hyderabad to dispose of the rectification petition filed in I.T.A.No.522/Hyd/2008 within four weeks from the date of receipt of a copy of this order by the Tribunal. With the above direction, the petition is disposed of with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 01-05-2009 bnr Note: Registry of this Court is directed to communicate a copy of this order to Income Tax Appellate Tribunal, Hyderabad. (B.O) bnr