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TMI Blog2013 (5) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... demand on account of penalty. We also direct the CIT(A)-22 before whom the appeals are pending to expeditiously dispose of the appeals preferably within a period of two months from the date on which an authenticated copy of this order is produced on his record - The Petitioner shall appear before the CIT(A) together with an authenticated copy of this order on 1 April 2013 for expeditious disposal of the appeals - Rule is made absolute to the aforesaid extent - We clarify that all the rights and contentions of the parties are kept open. - Writ Petition (L) No.610 of 2013,Writ Petition (L) Nos.612, 614 & 616 of 2013 - - - Dated:- 21-3-2013 - D. Y. Chandrachud And A. A. Sayed, JJ For the Appellants : Mr K Gopal, Mr Jitendra Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iated under Section 271(1)(c) and the following penalties have been levied: Assessment Year Date of Order Concealment Penalty Rupees in crores 2004-05 28-03-2012 Rs.11.07 2005-06 28-03-2012 Rs.16.64 2006-07 28-03-2012 Rs. 6.44 2007-08 28-03-2012 Rs.10.11 Total Rs.44.29 The Petitioner has filed appeals before the CIT(A) which are pending. The Petitioner applied for stay of recovery of demand. 3. On 24 January 2013, a communication was issued to the Petitioner drawing the attention to the order-sheet noting dated 28 September 2012 to the effect that the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has approved a financial restructuring proposal on 7 January 2009; (ii) The demand of which a stay of recovery is sought is on account of a penalty levied under Section 271(1)(c). The appeals are pending before the CIT(A). The petitioner has, in fact, moved the CIT(A) and has submitted a note on the basis of which an expeditious hearing has been sought since the Petitioner has more than a prima facie case; (iii) In the present case, having due regard to the fact that the Petitioner has a strong prima facie case, and that it is fully held by the Union Government together with four State Governments, a dispensation of deposit ought to have been granted; (iv) As a matter of fact, a stay was granted to the Petitioner till 15 Decemb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is responsible since there is nothing to indicate that there was negligence or inaction on the part of the Petitioner in pursuing the appeals. The Petitioner is a public sector enterprise promoted by the Union Government in consultation with four State Governments. The Petitioner has been constituted with a view to providing infrastructural facilities. The press note of the Government of India dated 4 December 2008, which is part of the record, indicates that the Petitioner has been instrumental for social and economic development in the States of Maharashtra, Goa, Karnataka and Kerala by providing the shortest railway route from Mumbai to Mangalore. The Petitioner also produced on the record, a notification of the Union Government in the M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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