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

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941WP(C).No.1841 OF 2020(E) PETITIONER: M/S. HITECH AGENCY,18/417, NEAR SREE DURGA BHAGAVATHI TEMPLE, MARAIKAL KANNARA, THRISSUR-680 652, REPRESENTED BY ITS MANAGING PARTNER, SASI.V.B. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENTS: 1THE INCOME TAX OFFICERWARD 2(2), OFFICE OF THE INCOME TAX OFFICER, THRISSUR-680 001.2THE COMMISSIONER OF INCOME TAX (APPEALS),SAKTHAN NAGAR, THRISSUR-680 021.SRI.JOSE JOSEPH , STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON23.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. ------------------------------------- W.P.(C) No. 1841 of 2020 ------------------------------------- Dated this the 23[rd] day of January, 2020 J U D G M E N T Against Ext.P-1 order, the petitioner has filed Ext.P-2 appeal and Ext.P-3 stay petition. The petitioner's grievance is thatduring the pendency of the stay petition, coercive recoveryproceedings have been initiated by the assessing authority forrecovery of the disputed amounts. 2.Heard Sri.Harisankar V.Menon, learned counsel appearing for the petitioner and Sri.Jose Joseph, learned StandingCounsel for the Income Tax Department, Government of India,appearing for the respondents. 3.After hearing both sides and after taking note of thefacts and circumstances of the case, it is ordered in the interest ofjustice that the 2[nd] respondent shall take up the matters in Ext.P-3stay application filed in Ext.P-2 appeal and after affordingreasonable opportunity of being heard to the petitioner throughauthorised representative/counsel, if any, shall pass orders on ..3.. those applications without much delay, preferably within a periodof 2 months from the date of production of a certified copy of thisjudgment. Until orders are thus passed on the abovesaid stayapplication, further coercive steps for enforcement of theimpugned order will be kept in abeyance. With these observations and directions, the above WritPetition (Civil) will stand finally disposed of. Sd/- ALEXANDER THOMAS,JUDGE MMG ..4.. APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF ORDER ISSUED BY THE 1STRESPONDENT FOR THE YEAR 2017-18.COPY OF APPEAL FILED BY THE PETITIONERBEFORE THE 2ND RESPONDENT 2017-18. EXHIBIT P2 EXHIBIT P3 COPY OF STAY PETITION FILED BY THEPETITIONER BEFORE THE 2ND RESPONDENT.