Wp(C)/10619/2011 Of Orchid Marine Rep. By Managing v. Income Tax Officer And Another

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 10619 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------- M/S.ORCHID MARINE, ANWAR PALACE, CHANDIROOR, CHERTHALA, ALAPPUZHA, REPRESENTED BY ITS MANAGING PARTNER. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): --------------------------- 1. INCOME TAX OFFICER, WARD 3, OFFICE OF THE JOINT COMMISSIONER OF COME TAX, A.N.PURAM, ARATTIKULANGARA COMPLEX, ALAPPUZHA-688 001. 2. THE COMMISSIONER OF INCOME TAX, (APPEALS) IV, 6TH FLOOR, KERA BHAVAN, KOCHI-682 011. R1 & R2 BY GOVERNMENT PLEADER SRI.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 10619 of 2011 --------------------------------- Dated this the 5th day of April, 2011 JUDGMENT Against Ext.P1 order of assessment, the petitioner had filed appeal before the 2[nd] respondent, as evidenced from Ext.P3.Along with the appeal the petitioner had filed stay petition asevidenced from Ext.P4. It is submitted that the appeal as wellas the stay petition are pending consideration and disposalbefore the 2[nd] respondent. Grievance of the petitioner is that,without considering pendency of the appeal, coercive steps ofrecovery has now been initiated on the basis of Ext.P2 noticeissued. 2. Heard; learned Government Pleader appearing on behalfof the respondents. Considering pendency of the statutoryappeal, I am of the opinion that the writ petition can be disposedof directing that authority to expedite the matter. 3. Accordingly, the writ petition is disposed of directing the2[nd] respondent to consider and pass orders on Ext.P4 staypetition filed along with the appeal, after affording an opportunity WP(C).10619/2011 2 of hearing to the petitioner, as early as possible, at any ratewithin a period of one month from the date of receipt of a copy ofthis judgment . 4. Till such time orders are passed by the 2[nd] respondent as directed above, recovery of the amounts covered under Ext.P1,which is now initiated on the basis of Ext.P2 notice, shall be keptin abeyance. 5. The petitioner will produce a copy of this judgmentbefore the 2[nd] respondent. 6. Needless to say that the 2[nd] respondent will take allearnest steps for disposal of the appeal at the earliest possible. pmn/ C.K.ABDUL REHIM,JUDGE WP(C).10619/2011 3