Wp(C)/10256/2011 Of Trans Asian Shipping Services (P) Ltd v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 10256 of 2011(F) -------------------------- PETITIONER(S): --------------- TRANS ASIAN SHIPPING SERVICES (P)LTD., TRANS ASIA CORPORATE PARK, XIV/396-C, SEAPORT AIRPORT ROAD, CHITTETHUKARA, KAKKANAD, COCHIN-682 037, REPRESENTED BY ITS GROUP GENERAL MANAGER, MR.WILSON THOMAS. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.KURYAN THOMAS RESPONDENT(S): --------------- 1. THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, COCHIN-682 018. 2. THE DEPUTY COMMISSIOENR OF INCOME TAX, CIRCLE 4 (2), CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, COCHIN-682 018. 3. THE COMMISSIONER OF INCOME TAX (APPEALS) II, KERA BHAVAN, COCHIN-682 011. 4. THE BRANCH MANAGER, AXIS BANK LIMITED, KOCHI BRANCH, RAJAJI ROAD, ERNAKULAM, COCHIN-682 035. 5. THE BRANCH MANAGER, STATE BANK OF INDIA, KAKKANAD, ERNAKULAM, COCHIN-682 030. BY ADV.SRI.P.V.SURENDRANATH, SC FOR R4 SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:ami/ C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.10256 of 2011 ------------------------------- Dated this the 4[th] day of April, 2011. J U D G M E N T This writ petition was originally filed challenging therecovery steps initiated during pendency of the appeals filedagainst assessments made under the Income Tax Act, withrespect to the years 2005-06 and 2008-09. Grievance of thepetitioner was that, pending disposal of the appeals and theapplications seeking stay (Exts.P8 and P9), coercive steps ofrecovery were initiated and prohibitory orders were issuedagainst operation of the bank accounts of the petitioner. 2. It is brought to notice of this Court that, the 2[nd]respondent had now issued an order dated 31.3.2011,granting stay of collection of balance amount of tax, on thepremise that payment to the tune of Rs.3,00,00,000/-(Rupees three crores only) was already made. It is noticedthat the stay was granted till 30.9.2011 or the disposal of theappeal, whichever is earlier. It is further mentioned that thestay will be reviewed after 30.9.2011, if the appeal is not W.P.(C).No.10256 of 2011 disposed of. 3. In view of the order already issued by the 2[nd]respondent, learned counsel for the petitioner submittedthat no further relief is required, at present. However, hemade an appeal to this Court to issue a direction to the 3[rd]respondent for an early disposal of the appeals. 4. Needless to say that, the 3[rd] respondent shall takeall earnest efforts to dispose of Exts.P3 and P4 appeals, atthe earliest possible, at any rate before 30.9.2011, the datestipulated in the order of stay granted by the 2[nd]respondent. The writ petition is disposed of with the abovedirections. ami/ C.K.ABDUL REHIM, Judge