Allahabad H.C : The application moved by the petitioner before the IAC will be disposed of within a period of three weeks from the date of presentation of a certified copy of this order by the petitioner

High Court Of Allahabad

Prem Chand vs. Inspecting Assistant Commissioner Of Income Tax & Anr.

Section Art. 226, 132

V.K. Khanna & Om Prakash, JJ.

Civil Misc. Writ Petition No. Nil of 1988

17th May, 1988

V. K. KHANNA J. :

The petitioner, in this writ petition, has raised a grievance that although the pawned articles which had been seized had been ordered to be released, the amount of bank guarantee which has been asked for is excessive in the sense that it includes the precise value of the pawned articles and the amount of interest also. It has also been alleged that an application has been moved before the IAC of IT (Assessment), Range-II, Muzaffarnagar, for reconsideration of the matter on March 17, 1988, which has not been disposed of as yet by the aforesaid authority.

At the admission stage, we have heard Sri Bharatji Agarwal, senior standing counsel appearing on behalf of the Department, and the present writ petition is being finally disposed of in accordance with the rules of the Court.

After hearing learned counsel for the parties, we are of the opinion in view of the statement made by Sri Bharati Agarwal, senior standing counsel, that the application moved by the petitioner before the IAC will be disposed of within a period of three weeks from the date of presentation of a certified copy of this order by the petitioner. The certified copy will be presented by the petitioner personally to the IAC along with a copy of the writ petition.

Subject to the aforesaid observations, we are of the opinion that the petitioner is not entitled to any further direction from this Court. The writ petition is accordingly disposed of.

[Citation : 176 ITR 348]

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