- (1.) Heard learned Counsel for the parties.
(2.) On 28th August, 2009, the District Certificate Officer imposed the penalty equal to twice the amount of tax payable, amounting to Rs. 26,26,642.24 under the provisions of Section 20(1)(b) of the Bihar Finance Act. The said penalty order was challenged before the Joint Commissioner of Commercial Taxes (appeals) and the Petitioner's appeal was dismissed on 2nd August, 2002 and then matter went up to the Tribunal and Tribunal confirmed the penalty vide order dated 26th June, 2008. On 23rd March, 2010 the Tribunal declined to refer the questions of law as raised by the Petitioner to this Court for the High Court's opinion. According to the Petitioner, he submitted a petition seeking direction against the Tribunal to refer the questions of law as proposed by the Petitioner and that petition is pending.
(3.) According to the learned Counsel for the Petitioner, in view of the judgment of the Hon'ble Supreme Court delivered in the case of Commissioner of Income Tax, Delhi v. Bansi Dhar & Sons, 1986 157 ITR 665 in which the Hon'ble Supreme Court held that in reference, High Court has jurisdiction only of advisory nature and No. power to grant stay of realization of tax or to grant injunction vests in the High Court. The Hon'ble Supreme Court, therefore, held that the writ petition is maintainable. Hence Petitioner is seeking injunction against the recovery as initiated by issuing demand notice (Annexure-4).;