IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 2786 of 2009 DATE OF DECISION: March 10, 2009 M/s Accent for Living, G.T. Road, Panipat …Petitioner Versus Assistant Commissioner for Income Tax, Panipat Circle, Panipat …Respondent CORAM: Hon’ble Mr. Justice M.M. Kumar Hon’ble Mr. Justice Augustine George Masih Present: Mr. R.P. Sawhney, Senior Advocate, with Mr. S.K. Mukhi, Advocate, for the petitioner. Mr. Sanjeev Kaushik, Senior Standing Counsel (Indirect Taxes), for the respondent. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. This petition filed under Article 226 of the Constitution prays for quashing penalty order dated 22.1.2009 (P-6) passed by the respondent. The assessment order finalising the assessment in respect of assessment year 2004-2005, under Section 143(3) of the Income-tax Act, 1961 (for brevity, ‘the Act’) was passed on 26.12.2006. The Assistant Commissioner of Income-tax-respondent has imposed a penalty of Rs. 22,21,350/- under Section 271(1)(c) of the Act upon the assessee-petitioner. C.W.P. No. 2786 of 2009 It is not disputed that the remedy of appeal against order dated 22.1.2009 is available to the assessee-petitioner. During the course of arguments it is conceded position that after filing of the instant petition, an appeal has, in fact, been filed. In view of the aforesaid factual position, the writ petition is dismissed and the assessee-petitioner may pursue his remedy of appeal. (M.M. KUMAR) JUDGE (AUGUSTINE GEORGE MASIH) March 10, 2009 JUDGE Pkapoor 2