1. IRFAN QADIR, J.---Learned counsel for the petitioner contends that notwithstanding the pendency of his appeal, the respondents are going ahead with the recovery proceedings. According to the learned counsel the entire process of filing of this appeal would be rendered infructuous in case the impugned recovery proceedings are not, stayed especially when the appeal of the petitioner is pending adjudication before the Commissioner Income Tax Appeals. It is further stated that an application for interim relief is also pending adjudication before the Commissioner Income Tax Appeals the same is not being decided.
2. ' In case such an application is pending respondent shall not effect the impugned recovery till the application for interim relief, or appeal in question is finally decided. The Commissioner Income Tax Appeals is expected to decide the appeal of the petitioner at his earliest convenience preferably within next 2 months. The instant writ petition is disposed of accordingly.