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1/3 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE Dr.JUSTICE VINEET KOTHARI WP Nos.49209-49211/2016 (T-IT) BETWEEN SRI B.K.KANAKARAJU SON OF SRI B.C.KEMPAIAH AGED 44 YEARS NO.97, BILESHIVALE VILLAGE DODDAGUBBI POST BANGALORE EAST TALUK BANGALORE – 560 077
...PETITIONER
(BY SRI S. PARTHASARATHI, ADVOCATE)
AND
THE ASSISTANT COMMISSIONER
OF INCOME TAX, CENTRAL CIRCLE 1(2)
CENTRAL REVENUE BUILDING
QUEEN’S ROAD
BANGALORE – 560 001
THE COMMISSIONER OF INCOME TAX
(APPEALS) – 11
C.R.BUILDING, QUEEN’S ROAD
BANGALORE – 560 001 ...RESPONDENTS
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ASSESSMENT ORDER OF R-1 DATED 28.03.2016 PASSED UNDER SEC.153A RWS 144 OF THE ACT FOR THE
Date of order : 28.08.2017 in WP Nos.49209-49211/2016 Sri B.K.Kanakaraju vs. The Assistant commissioner of Income-Tax & another .
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ASSESSMENT YEAR 2011-12 AND THE DEMAND NOTICE (ANNEX-F) AND THE ASSESSMENT ORDERS DATED 28.03.2016 PASSED UNDER SEC.153A RWS 143(3) OF THE ACT FOR THE ASSESSMENT YEARS 2012-13 AND 2013-14 AND THE DEMAND NOTICES (ANNEX-G AND H) AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Mr. S. Parthasarathi, Adv. for petitioner
The only prayer made in the present petitions which is effectively pressed by the writ petitioner in these matters is that appeal against the assessment order dated 28.03.2016 for the Assessment Years - 2011-12, 2012- 2013 and 2013-2014, are pending before the Commissioner of Income Tax, (Appeals). Therefore, he may be directed to dispose of the appeals expeditiously.
The learned counsel for the writ petitioner Mr. S.Parthasarathi has submitted that the appeal has since been taken up for final hearing by the Commissioner
Date of order : 28.08.2017 in WP Nos.49209-49211/2016 Sri B.K.Kanakaraju vs. The Assistant commissioner of Income-Tax & another .
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of Income Tax, (Appeals) in the last week itself and now final hearing is fixed on 04.09.2017.
In view of the aforesaid submission, the present writ petitions are disposed of. The learned Commissioner of Income Tax (Appeals) is expected to pass the orders on merits in accordance with law expeditiously. For a period of 15 days from today, no coercive measure be taken against the petitioner in pursuance of the impugned assessment order for recovery. No costs.
Copy be sent to the respondents forthwith.
Sd/- JUDGE