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TMI Blog2019 (3) TMI 1557X X X X Extracts X X X X X X X X Extracts X X X X ..... to grant indulgence. Writ petition is finally disposed of with the observation that in case the petitioner prefers an appeal before the ITAT, the same may be considered by the ITAT expeditiously including the application for interim relief which may be considered by the ITAT, if possible, on the date of filing of the appeal. In the meantime, the petitioner may move an application for release of bank accounts to the opposite parties who may consider the same taking into consideration the difficulties faced by the petitioner and looking to the fact that the petitioner is a Government Corporation involved in the generation of electricity which is an essential commodity. - MISC. BENCH No. - 8239 of 2019 - - - Dated:- 18-3-2019 - Ritu Raj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was dismissed vide order dated 13.3.2019. It is contended by learned counsel for petitioner, Mr. Desh Deepak Chopra, that the petitioner had moved an application under Section 154 Income Tax Act before the Assessing Authority and as per the CBDT circular as well as the various orders of the High Court, the alleged penalty could not have been imposed on the petitioner. It is also contended that the application under Section 154 Income Tax Act is required to be decided within six months, however, in spite of the fact that the said application was filed before the Assessing Authority on 23.2.2018, till date it has not been decided. It is further contended that the opposite parties in most arbitrary and illegal manner have taken coercive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion can very well be taken in the appeal filed before the ITAT, the petitioner can also make an application for interim relief which can be considered by the ITAT, we do not find any reason to grant indulgence. At this stage, learned counsel for petitioner submits that he will approach the ITAT at the earliest, however, the ITAT may be directed to consider and decide the interim relief application, expeditiously, may be on the same date. It is also submitted that in the meantime the opposite parties may be directed to consider the request of petitioner for release of the other bank accounts so that the petitioner may be able to make payment to its suppliers and the generation plants may not be shut. In this view of the matter, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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