9911796707
TMI Blog2012 (5) TMI 284X X X X Extracts X X X X X X X X Extracts X X X X ..... e preferably within a period of 3 (three) months from today. - W.P.No.9627 of 2012 - - - Dated:- 10-4-2012 - V Eswaraiah and K G Shankar, JJ For Appellant: Sri K Vasantkumar JUDGEMENT Per: V Eswaraiah, J: Heard the learned Advocate General appearing for the petitioner as well as Sri B.Narsimha Sarma, learned counsel appearing for respondents 1 and 2. The Hyderabad Metropolitan Water Supply and Sewerage Board (for short the petitioner Board') represented by its Managing Director filed this Writ in the nature of Mandamus to declare the action of the 1st respondent/Assistant Commissioner of Income Tax, Circle 6 (1), Hyderabad in issuing the garnishee notice dated 30-3-2012 under Section 226 (3) of the Income Tax Act, 1961 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a local authority established by an Act of Government of A.P entrusted with the work of maintenance of Sewerage lines and supply of drinking water to the twin cities and surrounding municipalities. It has filed return of income admitting loss of Rs.148,81,31,695/- and assessment was made after determining the loss of Rs.102,01,84,502/-. The Assessing Officer issued notice under Section 148 and the petitioner Board filed its return of income admitting the same loss as determined by the original assessment and obtained the reasons recorded for initiating proceedings under Section 147. The Assessing Officer referred the matter for special audit under Section 142 (2A), and after receiving the audit report, the assessment order was passed de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t order as stated above. After dismissal of the writ petition, an appeal has been filed on 26-3-2012 before the Commissioner of Income Tax (Appeals) - IV. The learned Advocate General appearing for the petitioner Board submits that the issue whether the petitioner Board is a local authority or not is yet to be decided and the petitioner Board was constituted pursuant to Act 15 of 1989, and hitherto it was part and parcel of Hyderabad Municipal Corporation. Earlier the supply of water and maintenance of the sewerage used to be taken care of by the Municipal Corporation of Hyderabad and as the activities of the Municipal Corporation have become unmanageable, part of its functions relating to the supply of Water and maintenance of sewerage h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Commissioner of Income Tax (Appeals)-IV may be directed to dispose of the appeal and pending disposal of the appeal the same relief that was granted by the Commissioner of Income Tax-III before filing the appeal may be extended. Having regard to the facts and circumstances of the case, we are of the opinion that it is just and proper to grant stay of the impugned garnishee order dated 30-3-2012 under Section 226 (3) of the Income Tax Act, 1961 in F.No.AABCH36591/226(3)/AC-6(1)/11-12) dated 30-3-3012 of the 1 st respondent herein/Assistant Commissioner of Income Tax, Circle 6 (1), Hyderabad and the subsequent attachment orders pending disposal of the appeal before the Commissioner of Income Tax (Appeals)-IV subject to condition the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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