P.a. To Judge v. Chitambaresh, J

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 11TH DAY OF JULY 2013/20TH ASHADHA, 1935 WP(C).No. 17401 of 2013 (A) ---------------------------- PETITIONER(S): -------------------------- M/S.MUTHOOT FINCORP LTD. T.C.NO. 14/2074-7, MUTHOOT CENTRE, PUNNEN ROAD JACOBS JUNCTION, THIRUVANANTHAPURAM-695001 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR SHRI. THOMAS JOHN. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SMT.DIVYA RAVINDRAN RESPONDENT(S): ---------------------------- 1. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), 3RD FLOOR, AAYAKAR BHAVAN KOWDIAR, THIRUVANANTHAPURAM-695003. KOWDIAR, THIRUVANANTHAPURAM-695003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-I AYAKKAR BHAVAN, KAWDIAR, THIRUVANANTHAPURAM-695003. THIRUVANANTHAPURAM-695003. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON11-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF THE ASSESSMENT ORDER DATED 28-03-2013 FOR THEAY-2006-07 ISSUED BY THE 1ST RESPONDENT.AY-2006-07 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2- TRUE COPY OF THE ASSESSMENT ORDER DATED 26-03-2013 FOR AY-2007-08 ISSUED BY THE 1ST RESPONDENT.2007-08 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3- TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 16-04-2013 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2006-07.FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2006-07. EXHIBIT P3(A)- TRUE COPY OF THE STAY PETITION DATED 5-07-2013 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2006-07.PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2006-07. EXHIBIT P4- TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2007-08.PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2007-08. EXHIBIT P4(A)- TRUE COPY OF THE STAY PETITION DATED 5-07-2013 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2007-08.PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2007-08. EXHIBIT P5- TRUE COPY OF THE LETTER NO. DOSSIER/AACM1453E/CIRCL(1)/13-14 DATED 27-06-2013 ISSUED BY THE 1ST RESPONDENT.DATED 27-06-2013 ISSUED BY THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- WP(C) NO. 17401 OF 2013------------------------------------ Dated this the 11[th] day of July, 2013 JUDGMENT The petitioner has filed Exts.P3 and P4 appeals againstExts.P1 and P2 orders of assessment under the Income Tax Act,1961. The appeals are accompanied by Exts.P3(a) and P4(a)petitions for stay. The petitioner is aggrieved by the coercivesteps proposed to be taken in Ext.P5 notice pending disposal ofthe appeals and the petitions aforestated. 2.I direct the second respondent to consider Exts.P3(a)and P4(a) petitions for stay with notice to the petitioner within aperiod of two months. The coercive steps pursuant to Ext.P5notice shall be put on hold till orders are passed on Exts.P3(a)and P4(a) petitions as directed above. The petitioner shallproduce a copy of the Writ Petition with the judgment before thesecond respondent for compliance. The Writ Petition is disposed of. V. CHITAMBARESH JUDGE