Rp/347/2016 Of M/S. Capvest Management Services (P) Ltd v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 18TH DAY OF MAY 2016/28TH VAISAKHA, 1938 RP.No. 347 of 2016 (A) IN WP(C).7607/2016 ------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 7607/2016 of HIGH COURT OF KERALA DATED 29.02.2016 REVIEW PETITIONER(S)/REVIEW PETITIONER/PETITIONER:------------------------------------------------- M/S. CAPVEST MANAGEMENT SERVICES (P) LTD, PUTHURAN PLAZA,K.P.C.C.JUNCTION,M.G.ROAD,KOCHI-682011, REPRESENTED BY ITS PRINCIPAL OFFICER B.R.AJIT. BY ADV. SRI.DALE P.KURIEN RESPONDENT(S)/RESPONDENTS/RESPONDENTS: -------------------------------------- 1. ASSISTANT COMMISSIONER OF INCOME TAX, CORPPORATE CIRCLE-1(1),REVENUE BUILDINGS,I.S.PRESS ROAD, KOCHI-682018. CORPPORATE CIRCLE-1(1),REVENUE BUILDINGS,I.S.PRESS ROAD, KOCHI-682018. 2. THE COMMISSIONER OF INCOME TAX(APPEALS)-I, POORNIMA BUILDINGS,MANORAMA JUNCTION,PANAMPILLY NAGAR, KOCHI-682036. POORNIMA BUILDINGS,MANORAMA JUNCTION,PANAMPILLY NAGAR, KOCHI-682036. R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ------------------------------------------- APPENDIX PETITIONER'S EXHIBITS:- -------------------------- ANNEXURE A-COPY OF THE JUDGMENT DATED 17.03.2016 IN WP(C) 9842/2016 OF THIS HON'BLE COURT. RESPONDENT(S)' EXHIBITS -----------------------NIL das // True copy //PA to Judge A.K.JAYASANKARAN NAMBIAR, J. =========================================== R.P. No. 247 of 2016 in W.P.(C). No. 7607 of 2016=====================================================Dated this the 18[th] day of May, 2016 ORDER By the judgment dated 29.02.2016, this Court had disposedthe writ petition directing the 2[nd] respondent to consider and passorders on Ext.P4 stay petition within a period of one month fromthe date of receipt of a copy of the judgment, and the recoverysteps, for recovery of amounts confirmed against the petitioner byExt.P1 assessment order, were kept in abeyance till orders werepassed by the 2[nd] respondent as directed. It is brought to my noticeby the learned counsel for the petitioner that in a similar case,where an appeal preferred by the petitioner against an assessmentorder was pending before the 2[nd] respondent for about two years,this Court had directed the 2[nd] respondent to dispose the appealitself within a time limit and hence, it is prayed that a similar standbe taken in the instant case also, where the appeal has beenpending before the 2[nd] respondent for over two years. I find forcein the contention of the learned counsel for the petitioner and findthat the judgment dated 29.02.2016 requires to be recalled.Accordingly, I do so and allow the review petition. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE