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2017 (7) TMI 307

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..... respondent) is hereby directed to dispose of the appeal preferred by the petitioner on 24.07.2016 as per Annexure -E on merits and in accordance with law after providing an opportunity of hearing to the petitioner within two months from the date of receipt of a copy of this order. Petitioner shall pay ₹ 5,00,000/- per month till the disposal of the appeal regularly in terms of the interim order granted by this Court on 11.05.2016. This arrangement is subject to final result of the appeal pending before the First Appellate Authority(3rd respondent). Petitioner shall extend co-operation with the First Appellate Authority(3rd respondent) in order to enable the First Appellate Authority to dispose of the appeal within the time stipulated .....

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..... recovery of the disputed tax, as specified in demand notice enclosed in Annexure C till the disposal of appeal by the learned third respondent. (E) Direct the learned third respondent by an appropriate writ or order in the nature of mandamus or otherwise to hear and dispose the appeal at an early date for the AY 2012-13. (F) Grant such other reliefs as this Honourable High Court may think fit including the cost of this writ petition. 2. Heard Sri. Chythanya K.K., learned counsel for the petitioner and Sri Y.V. Raviraj, learned standing counsel for the respondents. Perused the writ petition and Annexures produced along with the writ petition. 3. The petitioner is an income tax assessee and has been paying income tax regular .....

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..... d by this Court and there is no disobedience of the interim order granted by this Court. He submits instead of keeping this writ petition pending before this Court, it may be disposed of by directing the First Appellate Authority (3rd respondent) to dispose of the appeal preferred by the petitioner expeditiously on merits and in accordance with law till then, stay order granted by this Court permitting the petitioner to pay ₹ 5,00,000/- per month as against ₹ 10,00,000/- as directed by the first respondent may be continued. 5. Sri. Y.V. Raviraj, learned standing counsel for the respondents submits, the petitioner has to pay huge tax as per the assessment order of the first respondent. However, he submits in the event of this .....

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..... of the above, justice would be met if writ petition is disposed of by directing the First Appellate Authority(3rd respondent)to dispose of the appeal preferred by the petitioner on 27.04.2016 on merits and in accordance with law within the time frame fixed by this Court with a direction to the petitioner to pay ₹ 5,00,000/- per month till the disposal of the appeal as ordered by this Court. Hence the following order: The petition stands disposed of. The First Appellate Authority(3rd respondent) is hereby directed to dispose of the appeal preferred by the petitioner on 24.07.2016 as per Annexure -E on merits and in accordance with law after providing an opportunity of hearing to the petitioner within two months from the date of rec .....

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