2022 (5) TMI 1230

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....ceeding further with the petitioner's assessment in relation to the Assessment Year 2016-17 undertaken pursuant to the second respondent's order dated 30.03.2021 until such time as the first respondent passed orders in ITA No.46/CHNY/2022. 2. This writ petition relates to the Assessment Year 2016-17, for which, already assessment was over. However, invoking Section 263 of the Income Tax Act, 1961, [in short, 'the Act'], the Principal Commissioner has passed an order on 30.03.2021, as against which, the petitioner has filed an appeal before the Income Tax Appellate Tribunal [In short 'ITAT'], the Assessing Authority has issued a notice on 21.01.2022, where, even though the petitioner sought for an order of stay of ....

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....earing. However, the petitioner/assessee has not complied with the same and had rushed to this Court by filing the present writ petition. Therefore, this writ petition is liable to be rejected, he contended. 7. I have considered the rival submissions made by the learned counsel appearing on both sides and have perused the materials placed before this Court. 8. The issue raised in this writ petition is not a new one for this Court as number of such cases had already come where, indulgence has been shown by this Court. One such writ petition is W.P.No.5650 of 2022 in the matter of M/s.Taqa Neyveli Power Company Private Limited Vs. The Income Tax Appellate Tribunal - 'A' Bench, Represented by its Registrar and 2 others, dated 14.....

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....nt to the notice dated 06.02.2022 on the basis of the order passed by the revisional authority under Section 263 of the Act for which the petitioner shall cooperate by filing any reply or evidence or documents as sought for in the notice dated 06.02.2022 within a period of two weeks from the date of receipt of a copy of this order. ● It is made clear that, once an order is passed by the assessing authority and if it goes against the interest of the assessee, then pursuant to which no further proceedings including the notice for demand shall be made by the assessing officer against the assessee till the disposal of the appeal which is pending before the Income Tax Appellate Tribunal, for which already date of hearing is given ....