By Advs. Sri.harisankar v. Menon Smt.meera V.menon Sri.mahesh V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 21ST DAY OF AUGUST 2017/30TH SRAVANA, 1939 WP(C).No. 27440 of 2017 (D) --------------------------------------------- PETITIONER(S) : ------------------------- L.SELVAN, KOCHU MAVELI VEEDU, TC 48/937, KATTAMALA, THAMALAM, POOJAPPURA P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S) : ----------------------------- 1. THE INCOME TAX OFFICER, WARD-1(3), THIRUVANANTHAPURAM-695 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM-695 001. BY ADV. SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS : EXHIBIT P1: COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-2014 DATED 29.12.2016.THE 1ST RESPONDENT FOR THE YEAR 2013-2014 DATED 29.12.2016. EXHIBIT P2: COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.01.2017.THE 2ND RESPONDENT DATED 31.01.2017. EXHIBIT P3: COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 03.02.2017.THE 2ND RESPONDENT DATED 03.02.2017. EXHIBIT P4: COPY OF JUDGMENT IN W.P(C).NO. 10455/17 OF THIS HON'BLE COURT DATED 27.03.2017.COURT DATED 27.03.2017. EXHIBIT P5: COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DATED 31.07.2017.DATED 31.07.2017. RESPONDENT(S)' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE. A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.27440 Of 2017 -(D ) .............................................................Dated this the 21[st] day of August, 2017 J U D G M E N T Against Ext.P1 assessment order under the Income Tax Act,the petitioner has preferred Ext.P2 appeal together with Ext.P3stay petition before the 2[nd] respondent. It is stated that the staypetition has already been heard by the 2[nd] respondent and,although the petitioner has been informed that an order hasalready been passed, the petitioner has not been served with acopy of the said order. Under the said circumstances, I stay thefurther proceedings, pursuant to Ext.P5, for a period of threeweeks from the date of receipt of a copy of this judgment, making itclear that the respondents shall serve the order passed on Ext.P3stay petition to the petitioner within the said period. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns/21.08.17