Wp(C)/11587/2009 Of Rajalakshmi Jayaprasad v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11587 of 2009(P) ----------------------------------------------- PETITIONER(S): ---------------------- SMT.RAJALAKSHMI JAYAPRASAD, PROPRIETRIX, M/S. STERIPHARM, PLOT NO.16 A, CSEZ, KAKKANAD, KOCHI-37. (REPRESENTED BY P/A HOLDER K.BHASKARA MENON) BY ADV. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN RESPONDENT(S): ------------------------- 1. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(2), ERNAKULAM. 2. THE COMMISSIONER OF INCOME TAX(A)-II, SANJUAN TOWERS, OLD RAILWAY STATION ROAD, ERNAKULAM NORTH, COCHIN-18. 3. THE COMMISSIONER OF INCOME TAX, C.R.BUILDING, I.S.PRESS ROAD, COCHIN. BY SHRI JOSE JOSEPH, SC. IT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 11587 OF 2009 P -------------------------------------- Dated this the 7[th] April, 2009 JUDGMENT I heard Shri T.M. Sreedharan, learned counsel appearingfor the petitioner and Shri Jose Joseph, learned standing counselappearing on behalf of the respondents. 2. The controversy relates to the assessment years 2001 - 2002 and 2002 - 2003. As far as the assessment year 2001 -2002 is concerned, it is submitted that the Appeal filed inJanuary, 2008 is coming up for hearing on 08.4.2009. As far asthe assessment year 2002 - 2003 is concerned, the petitioner hasfiled Ext.P8 application seeking stay. In the meantime, thepetitioner is faced with Ext.P9. 3. After having heard the learned counsel for the parties,the Writ Petition is disposed of as follows: Proceedings pursuant to Ext.P9 will stand stayed till thedisposal of Exts.P5 and P7 Appeals on condition that thepetitioner remits Rs.4,00,000/= (Rupees Four Lakhs) on or WPC.11587/09 P before 30.4.2009 and a further sum of Rs.2,00,000/= (Rupees Two Lakhs) on or before 30.5.2009. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge