M/S Ardra Associates v. Parameswaran Managing

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 27TH DAY OF JANUARY 2017/7TH MAGHA, 1938 WP(C).No. 2700 of 2017 (J) --------------------------- PETITIONER:----------- M/S ARDRA ASSOCIATES,REPRESENTED BY MR. V. PARAMESWARAN MANAGING PARTNER, CAPITAL TOWERS, PATTURAIKKAL JUNCTION,TRICHUR - 680 022 BY ADVS.SRI.SHERRY SAMUEL OOMMEN SRI.NEMISH NIRANJAN ZAVERI RESPONDENT(S):-------------- BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: --------------------------- APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE ORDER OF ASSESSMENT U/S 143(3) OF THE INCOME TAX ACT,1961 DATED 14-12-2016. EXHIBIT P2 : TRUE COPY OF THE NOTICE OF DEMAND U/S. 156 OF THE INCOME TAX ACT, 1961 DATED 14-12-2016.THE INCOME TAX ACT, 1961 DATED 14-12-2016. EXHIBIT P3 :TRUE COPY OF THE APPEAL BEARING NO.569803031231216 DATED 23/12/2016 PREFERRED U/S 246A OF THE INCOME TAX ACT,1961.NO.569803031231216 DATED 23/12/2016 PREFERRED U/S 246A OF THE INCOME TAX ACT,1961. EXHIBIT P4 : TRUE COPY OF THE APPLICATION FOR STAY OF RECOVERY DATED 23/12/2016.RECOVERY DATED 23/12/2016. EXHIBIT P5 : TRUE COPY OF THE LETTERS DATED 10-01-2017 AND 23-01-2017. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// mbr/ P.S. TO JUDGE P.V.ASHA, J. W.P.(C) No.2700 of 2017 Dated this the 27[th] day of January, 2017 JUDGMENT The petitioner is aggrieved by Ext.P1 order of assessment. Petitioner has already submitted Ext.P3 appeal along with stay petitionExt.P4. Since demand notice is issued as per Ext.P2 petitioner seeksimmediate orders on Ext.P4 stay petition. 2. I heard the learned counsel for the petitioner and the learnedstanding counsel for the respondents. In view of the circumstances stated above, there shall be adirection to the 2[nd] respondent to pass orders on Ext.P4 application ofstay within a period of six weeks. Till then there shall be stay offurther proceedings on the basis of Ext.P2. rkc Sd/- P.V.ASHA JUDGE