By Advs.sri.harisankar v. Menonsmt.meera V.menonsmt.k.krishna

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941WP(C).No.2262 OF 2020(G) PETITIONER: M/S. POPULAR TRADERSPOPULAR TOWERS, VAKAYAR P.O., KONNI, PATHANAMTHITTA, REPRESENTED BY ITS MANAGING PARTNER, THOMAS DANIEL (AGED 63) BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENONSMT.K.KRISHNA RESPONDENTS: 1THE ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-1, THIRUVALLA-689 101. 2THE COMMISSIONER OF INCOME TAX (APPEALS)DEPARTMENT OF INCOME TAX, KOTTAYAM-686 001. SMT.M.M.JASMINE, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. -------------------------------------- W.P.(C).No. 2262 of 2020 ------------------------------------------------------ Dated this the 28[th] day of January, 2020 JUDGMENT Against Ext.P1 order, the petitioner has filed Ext.P2 appeal and Exts.P3 stay petitions. The petitioner's grievance is that during thependency of the stay petitions, coercive recovery proceedings havebeen initiated by the assessing authority for recovery of the disputedamounts. 2.Heard Sri.Harisankar V. Menon, the learned counselappearing for the petitioner and Smt.M.M.Jasmin, the learnedGovernment Pleader appearing for the respondents. 3.After hearing both sides and after taking note of the factsand circumstances of the case, it is ordered in the interest of justicethat the 2[nd] respondent shall take up the matters in Ext.P-3 stayapplication filed in Ext.P-2 appeal and after affording reasonableopportunity of being heard to the petitioner through their authorizedrepresentative/counsel, if any, shall pass orders on those applications without much delay, preferably within a period of sixweeks from the date of production of a certified copy of thisjudgment. Until orders are thus passed on the abovesaid delaycondonation and stay application, further coercive steps forenforcement of the impugned order will be kept in abeyance. With these observations and directions, the above Writ Petition(Civil) stands finally disposed of. Nsd Sd/-ALEXANDER THOMAS JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2017-18 DATED 23.12.2019. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 2017-18 DATED21.1.2020. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.1.2020.