Mahanagar Telephone Nigam Ltd. vs Commissioner Of Income Tax
2004 Latest Caselaw 76 Del

JUDGMENT

1. Mahanagar Telephone Nigam Ltd., a Government of India undertaking has filed this writ petition against the order of CIT-II, challenging the balance demand of Rs. 2,57,25,61,456, out of which Rs. 100 crores have been paid by MTNL pursuant to the order made by Division Bench on 21st March, 2003. Following the decision of the apex Court in ONGC v. Collector, Central Excise 1995 (Supl.) (4) SCC 541, a meeting of the committee on disputes was held and MTNL was permitted to prefer an appeal before the Tribunal.

2. Now, we are told by the counsel for MTNL that the appeal has been preferred before Tribunal and a miscellaneous application for stay has also been filed on 30th Dec., 2003. A request is made on behalf of MTNL to grant some protection so that till the disposal of the application there may not be any hardship to the applicant.

3. Under the circumstances, while disposing of this writ petition as withdrawn, we direct the Tribunal to dispose of the application within a period of three weeks from the date of communication of this order. Till the miscellaneous application is not disposed of by the Tribunal as indicated above, the respondent shall not take coercive steps to recover the balance amount. Petition is disposed of with the aforesaid directions.