High CourtsSingle Bench(1991) 05 RAJ CK 0021

Ambassador Dry Cleaners vs Union of India (UOI) and Others

Rajasthan High Court · Decided on 17 May 1991 · Citation: (1991) 192 ITR 487

HON’BLE JUDGES
I.S. Israni, J
CASE NUMBER
Second Stay in Writ Petition No. 1773 of 1991

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Judgment

4 paragraphs · 201 words

I.S. Israni, J.—The matter has come up on a second stay application.

2.

It is submitted by learned counsel that the stay order was passed by this court on March 26, 1991. However, the penalty order/demand notice/ computation sheets were issued on March 25, 1991. Hence, the second stay application. The parties were heard. Since the matter under consideration is within a short compass, it was heard and disposed of finally with the consent of both the ''parties. Annexures 10 to 13 are demand notices/ penalty orders/computation sheets which have been issued on March 25, 1991.

3.

It is, therefore, directed that, as provided u/s 273A of the Income Tax Act, the petitioner will move an application within four weeks before the Commissioner of Income Tax, for considering the waiver of the penalty imposed in the years 1975-76 to 1980-81. It is further directed that this application shall be disposed of within two months after the application has been filed. It is made clear that no coercive methods shall be adopted for recovering the penalties imposed till the decision of the application by the Income Tax Commissioner.

4.

This disposes of the petition, as above, with no order as to costs.