2017 (11) TMI 810 - HC - Income Tax

Request up the matter for final hearing - Held that - Though there is a request to take up the matter for final hearing, but as we are close to Diwali vacation, it is not possible to take up the main appeal on this side of vacation so as to dispose of the same. But, considering the reasoning recorded by the learned Single Judge, we deem it appropriate that the matter can be expedited. Kept on 30.11.2017 for considering the matter on merits. Till the next date of hearing the respondents shall not take coercive steps, on a condition of depositing an amount of ₹ 5 crores in two installments by the appellant. The appellant shall deposit an amount of ₹ 2.5 crores within a period of 10 days from today and balance amount of ₹ 2.5 crores within a period of three weeks thereafter.

Summary

Issues involved:
1. Request for final hearing before Diwali vacation
2. Consideration of matter on merits
3. Stay on coercive steps by respondents
4. Deposit of ?5 crores in two installments by the appellant
5. Request for appellant to deposit 50% of the amount before next hearing

Issue 1: Request for final hearing before Diwali vacation
The appellant's counsel requested for a final hearing before the Diwali vacation. However, due to the proximity of the vacation, the court deemed it inappropriate to take up the main appeal on this side of the vacation for disposal. Despite this, the court acknowledged the need for expediting the matter based on the reasoning recorded by the learned Single Judge.

Issue 2: Consideration of matter on merits
The court scheduled the matter for consideration on merits on 30.11.2017. Both counsels, Mr. Mihir Thakore for the appellant and Mr. Mihir Joshi for the first respondent, were heard. The court emphasized the importance of expediting the case based on the Single Judge's reasoning.

Issue 3: Stay on coercive steps by respondents
The court ordered that until the next hearing date, the respondents, Kandla Port Trust, shall not take any coercive steps. However, this stay was subject to the condition that the appellant deposits ?5 crores in two installments. The appellant was directed to deposit ?2.5 crores within 10 days and the remaining amount within three weeks from the current date.

Issue 4: Deposit of ?5 crores in two installments by the appellant
The appellant was instructed to deposit ?5 crores in total, with ?2.5 crores to be paid within 10 days and the remaining ?2.5 crores within three weeks. Failure to comply with these deposit requirements could affect the stay on coercive steps by the respondents.

Issue 5: Request for appellant to deposit 50% of the amount before next hearing
During the proceedings, the respondent's counsel requested that the appellant be directed to deposit at least 50% of the amount before the next hearing date. This request was noted for examination during the next hearing when the matter would be heard on merits. The court permitted direct service on the same day as the proceedings.