LAWS(KAR)-2023-2-468

PRIMARY AGRICULTURAL CREDIT Vs. COMMISSIONER OF INCOME TAX

Decided On February 09, 2023
Primary Agricultural Credit Appellant
V/S
COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

(1.) The petitioner has filed this petition for a direction to the first respondent to dispose of the petitioner's appeal [Annexure-C] within a timeline, or in the alternative, has sought for directions to the second respondent to consider his application for stay [Annexure-E] with a direction to the second respondent not to take any action until such application for stay is considered.

(2.) Sri. Mahesh R Uppin, the learned counsel for the petitioner, submits that in similar circumstances this Court has disposed of the writ petition in W.P.No.22913/2022 by order dtd. 9/12/2022 directing the Appellate Authority to dispose of the appeal expeditiously with simultaneous direction to the second respondent to consider the application for stay and pass suitable orders in accordance with law within a period of three [3] weeks from the date of receipt of a copy of the order with a further direction that no precipitative or coercive measures shall be taken. As such, this Court may consider passing similar orders in this petition.

(3.) Sri E I Sanmathi, the learned Standing counsel for the respondents, who is called upon to accept notice, submits that this Court could consider directing the second respondent to consider the petitioner's application for stay [Annexure-E] within three [3] months from the date of receipt of a certified copy of this order and also the petitioner's request for directions for expeditious disposal of the appeal.