Prv v. Chitambaresh, J

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 22ND DAY OF APRIL 2014/2ND VAISAKHA, 1936 WP(C).No. 11251 of 2014 (F) --------------------------------------- PETITIONER: ------------------- M/S. KERALA STATE BEVERAGES (M & M) CORPORATION LTD., SASTHAKRIPA OFFICE COMPLEX, P.B.NO.2263, SASTHAMANGALAM, TRIVANDRUM, REPRESENTED BY COMPANY SECRETARY. BY ADVS.SRI.ANIL D. NAIR, SRI.SREEJITH.R. NAIR, SMT.C.S.SULEKHA BEEVI, SMT.ROSIE ATHULYA JOSEPH, SRI.JOSE JOSEPH (CHEMPLAYIL). RESPONDENT: ---------------------- 1. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1), TRIVANDRUM - 695 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM - 695 001. BY SRI.JOSE JOSEPH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C).NO.11251/2014-F: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ASSESSMENT ORDER DATED 14.03.2014 FOR THEYEAR 2007-2008 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT.YEAR 2007-2008 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. EXHIBIT P2: TRUE COPY OF THE ASSESSMENT ORDER DATED 13.03.2014 FOR THEYEAR 2008-2009 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT.YEAR 2008-2009 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. EXHIBIT P3: TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2007-2008.RESPONDENT FOR THE YEAR 2007-2008. EXHIBIT P4: TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2008-2009.RESPONDENT FOR THE YEAR 2008-2009. EXHIBIT P5: TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2007-2008.BEFORE THE 2ND RESPONDENT FOR THE YEAR 2007-2008. EXHIBIT P6: TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2008-2009.THE 2ND RESPONDENT FOR THE YEAR 2008-2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- WP(C) NO. 11251 OF 2014 ------------------------------------ Dated this the 22[nd] day of April, 2014 JUDGMENT Exts.P1 and P2 orders of assessment have beenchallenged in Exts.P3 and P4 appeals. The appeals areaccompanied by Exts.P5 and P6 petitions for stay. Thepetitioner is apprehensive of coercive steps even before thedisposal of the petitions aforestated. 2.I direct the second respondent to consider Exts.P5and P6 petitions with notice to the petitioner. The needfulshall be done within a period of two months from the date ofproduction of this judgment. 3.The coercive steps pursuant to Exts.P1 and P2orders as against the petitioner shall be put on hold in themeanwhile. This is however subject to the condition that thepetitioner remits one tenth of the amount due under Exts.P1and P2 orders within one month. 4.The petitioner shall produce a copy of the writpetition with the judgment before the second respondent forcompliance. The Writ Petition is disposed of. V. CHITAMBARESH JUDGE