IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08th DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.12661/2018 (T-IT) BETWEEN:
R. MUNIRAJU (HUF) REP. BY ITS KARTHA SRI R. MUNIRAJU AGED ABOUT 65 YEARS, NO.1, RAMA NILAYA, ITTAMADU MAIN ROAD, ARAHALLI VILLAGE, BENGALURU-560001.
(SENIOR CITIZENSHIP NOT CLAIMED) (BY SRI. A. SHANKAR, SENIOR ADVOCATE FOR SRI M. LAVA, ADV.,) AND:
1. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NO.308, 3RD FLOOR, C.R.BUILDING, QUEENS ROAD, BENGALURU-560001.
2. THE PRL. COMMISSIONER OF INCOME TAX (CENTRAL), 3RD FLOOR, C.R. BUILDING, QUEENS ROAD, BENGALURU-560001.
… PETITIONER ... RESPONDENTS (BY SRI.E.I. SANMATHI, ADV.,) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 AND 2 TO NOT TO RECOVER THE DISPUTED TAXES OF RS.10,68,17,130/- MENTIONED IN THE ASSESSMENT ORDER PASSED VIDE DATED 31.12.2017 AS REFERED IN ANNEXURE-A FOR THE ASSESSMENT YEAR 2010-
11 TILL DISPOSAL OF THE APPEAL FILED BEFORE THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) – 11, BANGALORE AND ETC., THIS PETITION IS COMING ON FOR PRL. HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has sought for the following relief:
a) Issue the writ in the nature of mandamus and direct the respondent Nos.1 and 2 to not to recover the disputed taxes of Rs.10,68,17,130/- mentioned in the assessment order passed vide dated 31.12.2017 as referred in Annexure-A for the assessment year 2010-11 till disposal of the appeal filed before the learned Commissioner of Income tax (Appeals) – 11, Bangalore.
b) Direct the respondents not to take any coercive steps for recovery of disputed taxes.
2. During the pendency of the present petition, it is noted that petitioner had preferred an appeal before the Appellate Authority which is numbered as ITA No.186/CIT(A)-11/Bengaluru/2017-18. Therefore, the Appellate Authority is hereby directed to decide the petitioner’s appeal within a reasonable period of eight weeks from the date of receipt of this order. Till disposal of appeal interim order granted in the present petition would continue.
Sd/- JUDGE BS