Dismissed

Vijay Kumar Tripathi v. Secy. State Cane Service Authority Lko. and 2 Others

Allahabad HC2 Mar 2023/1890/2023

Case brief

AI extract

What is this about?

High Court permitted petitioner to file a stay application before the appellate authority pending decision of his statutory appeal under Income Tax Officer vs M.K. Mohammad Kunhi law, directing no recovery until stay decision.

What did the court decide?

Petitioner allowed to file stay application before appellate authority within three weeks; no recovery to be effected; appeal to be decided within four months.

Vijay Kumar Tripathi Vs Secy. State Cane Service… — Service and Employment | Allahabad HC (2023)

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Court No. - 18 Case :- WRIT - A No. - 1890 of 2023 Petitioner :- Vijay Kumar Tripathi Respondent :- Secy. State Cane Service Authority Lko. And 2 Others

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Counsel for Petitioner :- Jaideep Srivastava,Dileep Kumar Srivastava

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Counsel for Respondent :- Anand Shanker Asthana

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Hon'ble Pankaj Bhatia,J.

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Sri Manish Mishra, learned Advocate has filed Vakalatnama on behalf of the respondents, which is taken on record.

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The present petition has been filed by the petitioner stating that against the order dated 09.09.2022, the petitioner has preferred a statutory appeal which is pending.

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The grievance of the petitioner is that during the pendency of the appeal, there is likelihood of recovery of amount imposed in the order dated 09.09.2022.

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Considering the fact that the petitioner has preferred an appeal, the present writ petition is disposed off permitting the petitioner to file an application for stay before the appellate authority who shall decide the same in accordance with law within a period of three weeks from the date of production of certified copy of this order.

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This order has been passed in view of the law laid down by the Hon'ble Supreme Court in the case of Income Tax Officer vs M.K. Mohammad Kunhi; AIR 1969 SC 430 wherein it has been held that the power of stay is implicit to the appellate authority even it is not provided for.

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Till the decision on the stay application, no recovery shall be effect against the petitioner in pursuance to the order dated 09.09.2022.

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It is further directed that the appellate authority shall evdeavour to decide the appeal with all expedition preferably within a period of four months from the date of passing of the order on the stay application.

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This order has been passed in the presence of Sri Varun Pratap Singh holding brief of Sri Manish Mishra, learned Counsel for the respondent.

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Order Date :- 2.3.2023/akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Vijay Kumar Tripathi v. Secy. State Cane Service Authority Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Vijay Kumar Tripathi v. Secy. State Cane Service Authority Lko. and 2 Others

Case brief

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