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2022 Supreme(All) 1701

IRSHAD ALI
Prashant Chandra – Appellant
Versus
Harish Gidwani Deputy Commissioner Of Income Tax Range 2 – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mudit Agarwal, Anand Prakash Sinha, Radhika Singh
For the Opposite Party : Manish Mishra

JUDGMENT :

1. Heard Ms. Radhika Singh, learned counsel for applicant and Sri Manish Mishra, learned counsel for opposite parties.

2. The present contempt application under Section 12 of the Contempt of Courts Act, 1971 has been filed alleging willful and deliberate disobedience of judgment and order dated 31.03.2015 passed by a Division Bench of this Court in Writ Petition No.9525 (M/B) of 2013, whereby following direction was issued:

    "A perusal of Annexure SA-3 annexed with the supplementary affidavit dated 31.3.2015 shows that in response to the notice dated 3.11.2014, the petitioner preferred written objection to the Assessing Officer bringing to his notice the pendency of the aforesaid writ petition and also apprising him that Section 127 was not even remotely attracted. Therefore, it was incumbent upon the opposite party No.2 to have waited for the outcome of the writ petition, but he proceeded with the matter which shows prejudicial and impartial attitude of the authority. It may be noted that transparency and fairness is the essence of the state action. Therefore, the authorities are expected to proceed in disciplined manner without creating any doubt in the mind of the asseess

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