Wp(C)/10611/2021 Of Shanavas @ Shanavas Shamsudeen Kunju v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 27TH DAY OF APRIL 2021 / 7TH VAISAKHA, 1943 WP(C).No.10611 OF 2021(B) PETITIONER: SHANAVAS @ SHANAVAS SHAMSUDEEN KUNJUAGED 42 YEARS, S/O SHAMSUDEEN KUNJU, KALLUMPURATHU KIZHAKKATHIL HOUSE, THODIYOOR VENGARA, THODIYOOR P.O, KARUNAGAPALLY, KOLLAM-691532. REPRESENTED THROUGH HIS POWER OF ATTORNEY HOLDER, THAYYIL HOUSE, KANNIMEL, VALLIKUNNAM P.O, ALAPPUZHA, KERALA-690501. BY ADVS.SRI.P.SATHISANSMT.DONA AUGUSTINE RESPONDENTS: 1THE INCOME TAX OFFICERWARD -2 KOLLAM, INCOME TAX OFFICE, AARADHANA NAGAR, KOLLAM, KERALA-691008. 2COMMISSIONER OF INCOME TAX (APPEALS)THIRUVANANTHAPURAM, AAYAKAR BHAVAN, KOWDIAR P.O, THIRUVANANTHAPURAM-695003. SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON27.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 27[th] day of April, 2021 Petitioner has preferred Ext.P5 appeal and Ext.P6 stay petitionbefore the 2[nd] respondent. The proceedings are initiated againstExt.P3 assessment order. In the aforesaid circumstances, there will be a direction to the2[nd] respondent to consider and pass appropriate orders on Ext.P6stay petition as expeditiously as possible. Till such time a decision istaken on the stay petition, no coercive steps shall be instated againstthe petitioner. The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS JUDGE vps APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ACKNOWLEDGMENT 0FINCOME TAX RETURN FILED BY THEPETITIONER DATED 16.01.2020. EXHIBIT P2TRUE COPY OF E-PROCEEDINGS RESPONSEACKNOWLEDGMENT OF REPLY FILED BY THEPETITIONER DATED 15.10.2020. EXHIBIT P2(A)TRUE COPY OF E-PROCEEDINGS RESPONSEACKNOWLEDGMENT OF REPLY FILED BY THEPETITIONER DATED 17.02.2021. EXHIBIT P3TRUE COPY OF THE ASSESSMENT ORDER DATED20.03.2021.20.03.2021. EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICECORRESPONDINGTOEXT.P3DATED20.03.2021.CORRESPONDINGTOEXT.P3DATED20.03.2021. EXHIBIT P5TRUE COPY OF THE APPEAL SUBMITTED BYTHE PETITIONER IN FORM NO.35 DATED17.04.2021.THE PETITIONER IN FORM NO.35 DATED17.04.2021. EXHIBIT P6TRUE COPY OF THE APPLICATION DATED10.04.2021 FOR GRANT OF STAY FILED BYTHEPETITIONERBEFORETHE2NDRESPONDENT WITH ENDORSEMENT.