IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE 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 : 21739 of 2008 Between: Sri M. Sri Ram Prasad, S/o.Dr.Kamala Satyanarayana Flat No.201, Rohini Apartments, H.No.8-3-960/12 Srinagar Colony, Hyderabad ..... PETITIONER AND 1 Assistant Commissioner of Income Tax, Circle 3(1), Hyderabad 2 Assistant Commissioner of Income Tax, Circle 6(1), Block 7A, Income Tax Towers, A.C.Guards, Hyderabad 3 Additional Commissioner of Income Tax, Range 6 Block 7A, Income Tax Towers, A.C.Guards, Hyderabad .....RESPONDENTS 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 pass an order or direction especially one in the nature of writ of Certiorari quashing the consequential order dated 12.5.2008 and the penalty order dated 31.7.2008 passed by the 2nd respondent quantifying the alleged demand and penalty payable by the petitioner as being against the order of the Income Tax Appellate Tribunal and therefore is illegal, and unsustainable in law. Counsel for the Petitioner: MR. S. RAVI Counsel for the Respondents: MR. S. R. ASHOK (S.C. FOR INCOME TAX) The Court made the following : ORDER: (per Sri Anil R. Dave, CJ) At the time of hearing of this petition, the learned Advocates have agreed that the petitioner shall submit an application to the Income Tax Appellate Tribunal, Hyderabad Bench ‘A’ for rectification of its order dt.31.12.2007 in I.T. (S.S.) A No.107/Hyd/2003, for the Block Period 1986-87 to 1996-97. Learned Standing Counsel appearing for the respondent authorities has fairly submitted that the respondents would not object to the said application being entertained by the Tribunal. If such an application is filed, we hope that the Tribunal shall decide the same after hearing the parties within two months from the date of filing of the application. Till the aforesaid application is finally decided, and an order passed thereon is communicated to the petitioner, the impugned consequential orders and the order of penalty shall not be implemented. In view of the above order, the petition stands disposed of as withdrawn with no order as to costs. _____________ ANIL R. DAVE, CJ ______________________ RAMESH RANGANATHAN, J 22.6.2009 bnr Note: 1. Registry of this Court shall forward a copy of this order to the Income Tax Appellate Tribunal, Hyderabad. 2. Issue C.C. in one week. (B.O) bnr