P.a. To Judge v. Chitambaresh, J

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 20TH DAY OF MAY 2013/30TH VAISAKHA 1935 WP(C).No. 6924 of 2013 (M) --------------------------- PETITIONER(S): -------------------------- C.S.DANIEL PROP.M/S.DAN AND CO, DAN AVENUE, COLLEGE ROAD PATHANAMTHITTA. BY ADVS.SRI.ANIL D. NAIR SRI.J.R.PREM NAVAZ SMT.NIVEDITA A.KAMATH RESPONDENT(S): ---------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS) ERNAKULAM. 2. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, KOTTAYAM. 3. COMMISSIONER OF INCOME TAX,. KOTTAYAM RR1-R3 BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) RR1-R3 BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-05-2013,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6924 of 2013 (M) PETITIONER(S)' EXHIBITS APPENDIX EXHIBIT P1. TRUE COPY OF THE PENALTY ORDER DATED 29/3/2012 FOR THE YEAR 2006-2007.2006-2007. EXHIBIT P2. TRUE COPY OF THE PENALTY ORDER DATED 29/3/2012 FOR THE YEAR 2007-20082007-2008 EXHIBIT P3. TRUE COPY OF THE APPEAL FILED BY THE PETITTIONER AND PENDING BEOFORE THE 1ST RESPONDENT FOR THE YAR 2006-2007BEOFORE THE 1ST RESPONDENT FOR THE YAR 2006-2007 EXHIBIT P4. TRUE COPY OF THE APPEAL FILED BY THE PETITTIONER AND PENDING BEOFORE THE 1ST RESPONDENT FOR THE YAR 2007-2008BEOFORE THE 1ST RESPONDENT FOR THE YAR 2007-2008 EXHIBIT P5. TRUE COPY OF THE APPLICATION FILED BY THE PETITTIONER U/S.220(6) FOR THE YEAR 2006-2007.FOR THE YEAR 2006-2007. EXHIBIT P6. TRUE COPY OF THE APPLICATION FILED BY THE PETITTIONER U/S.220(6) FOR THE YEAR 2007-2008..FOR THE YEAR 2007-2008.. EXHIBIT P7. TRUE COPY OF THE POSTING NOTICE FOR THE HEARING OF STAY PETITION.PETITION. EXHIBIT P8. TRUE COPY OF THE LETTER DATED 22/2/2013 EXHIBIT P9. TRUE COPY OF THEPOSTAL RECEIPT EXHIBIT P10. TRUE COPY OF THE ORDER DATED 26/2/2013 REJECTING THE STAY PETITION.PETITION. RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- WP(C) NO. 6924 OF 2013 ------------------------------------ Dated this the 20[th] day of May, 2013 JUDGMENT The petitioner has preferred Exts.P3 and P4 appealsagainst Exts.P1 and P2 orders imposing penalty. It is upto thepetitioner to move appropriate application for stay in theappeals pending. The applications if filed within two weeksfrom today shall be disposed of by the first respondent within amonth therefrom. 2.I hasten to add that the applications for stay shall beconsidered by the first respondent untrammeled by Ext.P10order. This is because Ext.P10 order was passed by the thirdrespondent without hearing the petitioner. 3.The coercive proceedings pursuant to Exts.P1 and P2orders shall be put on hold for a period of six weeks to enablethe petitioner to work out his remedy. The petitioner shallproduce a copy of the Writ Petition as well as the judgmentbefore the first respondent for compliance. No further directions are warranted and the Writ Petitionis disposed of.