Wp(C)/12368/2011 Of Joshi P.mathew, Panthamplackal House v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 12368 of 2011(U) ----------------------------------------- PETITIONER(S): ------------------------- JOSHI P.MATHEW,PANTHAMPLACKAL HOUSE, KIZHAKKAMABALAM,ERNAKULAM. BY ADV. SRI.RAMESH CHERIAN JOHN RESPONDENT(S): --------------------------- 1.DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE I,ERNAKULAM - 682 018. 2.THE COMMISSIONER OF INCOME TAX APPEALS (I),SANJUVAN TOWERS, OLD RAILWAY STATION ROAD,ERNAKULAM - 682 018.SANJUVAN TOWERS, OLD RAILWAY STATION ROAD,ERNAKULAM - 682 018. 3.THE MANAGER, FEDERAL BANK, DESHABHIMANI ROAD, KALOOR,KOCHI - 682 017. 4.THE MANAGER, HDFC BANK, DESHABHIMANI ROAD, KARUKAPPILLY JUNCTION, KALOOR, KOCHI - 682 017. 5.THE MANAGER, INDIAN BANK, SHANMUGHAM ROAD, KOCHI - 682 031. 6.THE MANAGER, FEDERAL BANK, KALAMASSERY - 683 104. 7.THE MANAGER, FEDERAL BANK, PATTIMATTOM - 683 562. 8.THE MANAGER, STANDARD CHARTERED BANK, HDFC HOUSE,RAVIPURAM, KOCHI - 682 016. R1 BY SR. GOVERNMENT PLEADER SRI. C.K.GOVINDAN R2 BY ADV. SRI. JOSE JOSEPH R3 BY ADV. SRI. T.RAJESH, SC, HDFC BY ADV. SRI. S. EASWARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 12368 of 2011 --------------------------------- Dated this the 12th day of April, 2011JUDGMENT Against the assessments completed for the years 2002-03to 2008-09 , the petitioner had filed Exts.P8 to P14 appealsbefore the 2[nd] respondent. It is submitted that appeals wereheard on 13.12.2010, as per Ext.P15 posting notice issued andthe 2[nd] respondent has reserved the matter for pronouncingorders. Meanwhile steps were initiated on the basis of Exts.P24to P29 garnishee notices. Hence the petitioner seeks direction tokeep in abeyance all further proceedings pursuant to Exts.P24 toP29, till orders are pronounced on the appeals. 2. Considering the submission that the appeals were fullyheard on 13.12.2010 and that no further hearing is required, Iam of the view that the writ petition can be disposed of directingthe 2[nd] respondent to pass orders on Exts.P8 to P14 appeals andtill then to restrain recovery steps. 3. Therefore the writ petition is disposed of directing the 2[nd]respondent to dispose of Exts.P8 to P14 appeals by pronouncing WP(C) .12368/2011 2 orders thereon, on the basis of the hearing conducted on13.12.2010, at the earliest possible, at any rate within threeweeks from the date of receipt of a copy of this judgment. 4. Till such time the appeals are disposed of, recovery of the amount covered under Exts.P1 to P7 which is now initiated onthe basis of Exts.P24 to P29, shall be kept in abeyance. 5. Petitioner will produce a copy of this judgment before the 2[nd] respondent. pmn/ C.K.ABDUL REHIM,JUDGE WP(C) .12368/2011 3