Wp(C)/10272/2015 Of M/S.popular Mini Finance v. Commissioner Of Income Tax, Kottayam

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(C).No. 10272 of 2015 (H) ---------------------------- PETITIONERS : ------------------- M/S.POPULAR MINI FINANCE, A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT POPULAR TOWERS, VAKAYAR P.O., KONNI, PATHANAMTHITTA PIN - 689698, REPRESENTED BY ITS MANAGING PARTNER SRI. THOMAS DANIEL BY ADVS.SRI.ASWIN GOPAKUMAR SRI.ANWIN GOPAKUMAR SMT.KALA G.NAMBIAR SRI.K.AMAL NATH NAIK SMT.DEEPTI SUSAN GEORGE SRI.ARJUN RADHAKRISHNAN NAIR SMT.ANUSREE SURESH RESPONDENTS : ----------------------- 1. THE COMMISSIONER OF INCOME TAX, PUBLIC LIBRARY BUILDING, LAL BAHADUR SASTRI ROAD, KOTTAYAM-686001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), INCOME TAX OFFICE, KERA BHAVAN, SRV HIGH SCHOOL ROAD, KOCHI - 682011. 3. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - I, ENNIKATTIL ESTATE, THIRUVALLA, PATHANAMTHITTA-689101. ENNIKATTIL ESTATE, THIRUVALLA, PATHANAMTHITTA-689101. R1 TO R3 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10272 of 2015 (H) APPENDIX PETITIONER'S EXHIBITS : P1:COPY OF THE ASSESSMENT ORDER DT 26/3/2013 PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, KOTTAYAM FOR THE A.Y. 2007-08.COMMISSIONER OF INCOME TAX, KOTTAYAM FOR THE A.Y. 2007-08. P2:COPY OF THE ASSESSMENT ORDER DT 28/3/2014 PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, KOTTAYAM FOR THE A.Y. 2011-12.ASSISTANT COMMISSIONER OF INCOME TAX, KOTTAYAM FOR THE A.Y. 2011-12. P3:COPY OF THE APPEAL DT 29/4/2013 FILED TO THE R2 AGAINST ASSESSMENT ORDER FOR THE YEAR 2007-08.ORDER FOR THE YEAR 2007-08. P4:COPY OF THE APPEAL DT 25/4/2014 FILED TO THE R2 AGAINST ASSESSMENT ORDER FOR THE YEAR 2011-12.ORDER FOR THE YEAR 2011-12. P5:COPY OF THE STAY APPLICATION FILED BEFORE THE R2 FOR THE YEAR 2007-08.YEAR 2007-08. P6:COPY OF THE STAY APPLICATION FILED BEFORE THE R2 FOR THE YEAR 2011-12.YEAR 2011-12. P7:COPY OF THE DEMAND NOTICE DT 27/2/2015 ISSUED BY THE R3. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 10272 of 2015 ===================================================== Dated this the 30[th] day of March, 2015 JUDGMENT The Petitioner is an assessee under the Income Tax Act,1961. Against Exts.P1 & P2 assessment orders passed under the ITAct, the petitioner preferred Exts.P3 & P4 appeals and Exts.P5 &P6 stay petitions before the 2[nd] respondent. It is the case of thepetitioner that even before the consideration of the stay petitionsby the 2[nd] respondent, recovery steps have been initiated againsthim through Ext.P7 demand notice, for recovery of the amountsconfirmed against the petitioner by Exts.P1 & P2 orders. 2.I have heard the learned counsel appearing for thepetitioner as also the learned Government Pleader appearing forthe respondents. 3.On a consideration of the facts and circumstances of thecase and the submissions made across the bar, I dispose the writpetition with a direction to the 2[nd] respondent to consider and passorders on Exts.P5 & P6 stay petitions, preferred by the petitionerbefore him, within a period of two months from the date of receiptof a copy of this judgment, after hearing the petitioner. Therecovery steps for recovery of amounts confirmed against the W.P.(C). No. 10272 of 2015 2.I have heard the learned counsel appearing for thepetitioner as also the learned Government Pleader appearing forthe respondents. 3.On a consideration of the facts and circumstances of thecase and the submissions made across the bar, I dispose the writpetition with a direction to the 2[nd] respondent to consider and passorders on Exts.P5 & P6 stay petitions, preferred by the petitionerbefore him, within a period of two months from the date of receiptof a copy of this judgment, after hearing the petitioner. Therecovery steps for recovery of amounts confirmed against the W.P.(C). No. 10272 of 2015 petitioner by Ext.P1 & P2 assessment orders, shall be kept inabeyance till such time as the 2[nd] respondent passes orders, asdirected, in Exts.P5 & P6 stay petitions and communicates thesame to the petitioner. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE das