By Advs.sri.harisankar v. Menonsmt.k.krishnasmt.meera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY ,THE 11TH DAY OF FEBRUARY 2019 / 22ND MAGHA, 1940WP(C).No. 3922 of 2019 PETITIONER: THOMAS DANIEL,AGED 64 YEARSS/O DANIEL THOMAS, INDIKATTIL HOUSE, VAKAYAR, KONNI, PATHANAMTHITTA-689698. BY ADVS.SRI.HARISANKAR V. MENONSMT.K.KRISHNASMT.MEERA V.MENON RESPONDENTS: 1THE ASST.COMMISSIONER OF INCOME TAX CIRCLE,INCOME TAX DEPARTMENT, THIRUVALLA-689101.INCOME TAX DEPARTMENT, THIRUVALLA-689101. 2THE COMMISSIONER OF INCOME TAX (APPEALS),KOTTAYAM-686001.KOTTAYAM-686001. MM JASMINE GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner, as against Exhibit P1 assessment order, filed Exhibit P2 appeal before the 2[nd] respondent.The petitioner also filed Exhibit P3 stay application. 2. Considering the facts and circumstances, there shall be a direction to the 2[nd] respondent to consider thestay application filed by the petitioner within a period oftwo months, after issuing notice to the petitioner. Tilldisposal of the stay application, all recovery proceedingsbased on the assessment order shall be kept in abeyance. This writ petition is disposed of accordingly. Sd/- A.MUHAMED MUSTAQUE JUDGE SVP APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17 DATED 28.12.2018 EXHIBIT P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT2016-17 DATED 20.11.2018 EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE 2ND RESPONDENT 2016-17 DATED 28.1.19 RESPONDENT'S EXHIBITS : NIL