Wp(C)/10672/2011 Of William Rodrigues, Kochi v. Income Tax Officer,Kochi & Another

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. 10672 of 2011(H) -------------------------- PETITIONER(S): --------------- WILLIAM RODRIGUES, SYMPHONY, OPP.KAIRALI APARTMENTS, PANAMPILLY NAGAR, KOCHI-682 036. BY ADV. SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH SRI.TOM THOMAS (KAKKUZHIYIL) RESPONDENT(S): --------------- 1. INCOME TAX OFFICER, WARD 2 (1), RANGE II, KOCHI-682 018. 2. COMMISSIONER OF INCOME TAX (APPEALS) SAN JUAN TOWERS, KOCHI-682 018. BY SRI.JOSE JOSEPH - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.10672 of 2011-H ---------------------------------------- Dated this the 4[th] day of April, 2011. J U D G M E N T Aggrieved by Ext.P1 order of assessment completedwith respect to the year 2008-09, the petitioner hadpreferred Ext.P2 appeal along with Ext.P3 stay petitionbefore the 2[nd] respondent. According to the petitioner theappeal as well as the stay petition are pending considerationand disposal before the appellate authority and in themeanwhile the petitioner is apprehending the coercive stepsof recovery for realising amounts covered under Ext.P1, onthe basis of the demand raised. Hence the petitioner isseeking direction for an early disposal of the appeal and tillthen to stay the recovery steps. 2.Since the appellate authority is in seizin of thematter, I am of the view that interest of justice will beserved if a direction is issued to that authority to have anexpeditious disposal of the matter. 3.Accordingly, the writ petition is disposed of W.P(C) No.10672 of 2011-H directing the 2[nd] respondent to consider and pass orders on Ext.P3 stay petition, after affording an opportunity ofhearing to the petitioner as early as possible, at any ratewithin a period of one month from the date of receipt of acopy of this judgment. 4.Till such time orders are passed by the 2[nd]respondent as directed above, recovery of amounts coveredunder Ext.P1 shall be kept in abeyance. 5.judgment before the 2[nd] respondent. The petitioner will produce a copy of this C.K.ABDUL REHIMJUDGE ab