2009 (9) TMI 61

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....hnamoorthy, Senior Counsel for Mr. J. Balachandran, for the appellant. Mr. R. Sathiamoorthy, for the respondent. JUDGMENT Heard both sides. 2. The petitioner, in both the writ petitions, is the State Government Transport Corporation and aggrieved by the Assessment Orders framed by the 4^th & 5^th respondent respectively, under Section 143(3) r/w Section 147 of the Income Tax Act  ....

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.... petitioner that during the pendency of the appeals before the 3^rd respondent, the 5^th respondent has started and commenced the recovery proceedings inspite of the bad financial status of the petitioner.  Therefore, the petitioner filed the stay petition before the 5^th respondent on 18.02.2009, to stay the recovery proceedings and that was rejected by the 5^th respondent, dated 18.02.2009 ....

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.... The learned counsel appearing for the respondents submitted that thought they are aware of the fact that the petitioner is a Government Undertaking having immovable properties and  having regard to the fact that tax arrears are more than 10 crores, unless the Income Tax Department takes recovery proceedings, it is not possible to collect the dues. 7. It is seen from the impugned order, no....

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....sidered the request of the petitioner for the stay of the recovery proceedings. Hence, I set aside the orders passed by the 4^th respondent in W.P.(MD)No.2209 of 2009, dated 09.01.2009 and the 5^th respondent in W.P.(MD)No.2210 of 2009 dated 18.02.2005 and directed the respondents to consider the request of the petitioner for the grant of stay and pass a speaking order. 8. It is submitted by th....