Wp(C)/10584/2013 Of The Institute Of Management v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 21ST DAY OF MAY 2013/31ST VAISAKHA 1935 WP(C).No. 10584 of 2013 (W) ---------------------------- PETITIONER(S): -------------- THE INSTITUTE MANAGEMENT COMMITTEE OF INDUSTRIAL TRAINING INSTITUTE, AREACODE, CHEMRAKATTOOR, AREACODE, MALAPPURAM, PIN – 673639 REPRESENTED BY ITS PRINCIPAL/SECRETARY. BY ADVS.SRI.ANIL D. NAIR SRI.J.R.PREM NAVAZ SMT.NIVEDITA A.KAMATH RESPONDENT(S): -------------- 1.INCOME TAX OFFICER,WARD – II, TIRUR – 676101.WARD – II, TIRUR – 676101. 2.THE COMMISSIONER OF INCOME TAX,KOZHIKODE – 673001.KOZHIKODE – 673001. 3.JOINT COMMISSIONER OF INCOME TAX,RANGE-2, KOZHIKODE – 673001.RANGE-2, KOZHIKODE – 673001. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX, INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-05-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10584 of 2013 (W) APPENDIX PETITIONER'(S) EXHIBITS: RESPONDENT'(S) EXHIBITS:NIL //TRUE COPY// PA TO JUDGE V.CHITAMBARESH,J. = = = = = = = = = = = W.P.(C)No.10584 of 2013 = = = = = = = = = = = == = = = = Dated this the 21[st] day of May, 2013 J U D G M E N T Heard the Counsel for the petitioner and the StandingCounsel for the Income Tax Department. 2. Ext.P10 order impugned in the writ petition can only beconstrued as one declining stay pending consideration of Ext.P9petition for rectification. I direct the first respondent to considerExt.P9 application for rectification itself on merits untrammelledby Ext.P8 order passed on Ext.P7 revision petition. 3. Needless to say that the petitioner shall be afforded anopportunity of being heard before final orders are passed onExt.P9 Petition for rectification. The petitioner shall produce acopy of the writ petition and also the judgment before the firstrespondent for compliance. The writ petition is disposed of. smm V.CHITAMBARESH.JUDGE