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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2020
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.19590 OF 2019 (T-IT)
BETWEEN
G.C. SOMADAS, MANAGING DIRECTOR, M/S OPTO CIRCUITS (INDIA) LIMITED, NO.83, ELECTRONIC CITY, HOSUR ROAD, BENGALURU-560100.
… PETITIONER
(BY SRI. M.V. VEDACHALA, SENIOR COUNSEL A/W SRI. ARAVIND V CHAVAN, ADVOCATES)
AND 1. PRINCIPAL COMMISSIONER OF INCOME TAX, BNG-5, 5TH FLOOR, ROOM NO.538, BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU-560095.
DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(1)(2), BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU-560095.
COMMISSIONER OF INCOME TAX APPEALS-5, BMTC BUILDING, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU-560095.
… RESPONDENTS
(By SRI. JEEVAN J NEERALGI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
2 THAT RESPONDENTS CANNOT READ THE MANDATE THAT THE RETURN OF INCOME HAS TO BE FILED U/S 139(1) OF THE IT ACT TO EXTEND THE RELIEF U/S 10AA OF THE IT ACT AS CONTEMPLATED U/S 10A, SEC. 10B, SEC. 10C, SEC.40(a) (ia) AND SEC. 43B OF IT ACT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The short grievance of the petitioner-Assessee is against the possible long pendency of his appeal before the Appellate Authority because of work load on it’s shoulders; he is knocking at the doors of writ court for a direction to the Appellate Authority to take up his appeal for consideration post-haste.
Sri.Jeevan J Neeralgi, learned Panel Counsel on request having accepted notice for the respondents fairly submits that there would be no much difficulty for taking up the subject appeal for consideration if petitioner also cooperates and a period is prescribed by this court for accomplishing the task; this stand of the Respondents is fair and reasonable.
In the above circumstances, this Writ Petition is disposed off requesting the Appellate Authority to take up for consideration petitioner’s subject appeal within an outer limit of six months, all contentions of the parties having been kept open.
No costs.
Sd/-
JUDGE
CBC