By Advs.sri.harisankar v. Menon Smt.meera V.menon Smt.k.krishna

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939 WP(C).No. 6937 of 2018 --------------------- PETITIONER(S) ------------ M/S SHALOM CHARITABLE MINISTRIES OF INDIA,SHALOM RESIDENTIAL PUBLIC SCHOOL, SHALOM NAGAR,GOPALAPURAM ROAD, CHITTUR P.O, PALAKKAD, REPRESENTED BY ITS MANAGING TRUSTEE, K.T. THOMAS. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA. RESPONDENT(S): ------------ 1. THE ASST. COMMISSIONER OF INCOME TAX,CIRCLE -I, PALAKKAD-678 001.2. THE INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH, KAKKANAD, ERNAKULAM-682 030.3. THE MANAGER,DHANALAKSHMI BANK, PARLI BRANCH, PALAKKAD-678 612. R1 & R2 BY SRI.JOSE JOSEPH, SC.R3 BY SRI.C.K.KARUNAKARAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX rs. 01/03/2018. P.B.SURESH KUMAR, J. ---------------------------------------------W.P.(C) No.6937 of 2018 ---------------------------------------------Dated this the 1[st] day of March, 2018 JUDGMENT Petitioner is an assessee under the Income Tax Act (the Act)on the rolls of the first respondent. Aggrieved by Ext.P2appellate order, the petitioner preferred Ext.P3 appeal before thesecond respondent Tribunal. Ext.P4 is the application for staypreferred by the petitioner in Ext.P3 appeal. The grievance ofthe petitioner in the writ petition concerns the delay on the partof the second respondent Tribunal in passing orders on Ext.P4application for stay. It is alleged by the petitioner in the writpetition that proceedings have already been initiated forrealisation of the amounts covered by Ext.P2 appellate order.The petitioner, therefore, seeks appropriate directions in thisregard, in this writ petition. 2.Heard the learned counsel for the petitioner asalso the learned Standing Counsel for the respondents. Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition WPC 6937/18 -:2:- directing the second respondent Tribunal to take a decision onExt.P4 application for stay, within two months from the date ofreceipt of a copy of this judgment. Ordered accordingly.Needless to say that until orders are passed on Ext.P4 applicationfor stay, further proceedings for realisation of the amountscovered by Ext.P2 appellate order shall be deferred. Sd/- vps 1/3 P.B.SURESH KUMAR, JUDGE /True Copy/ PS to Judge