Wp(C)/12995/2008 Of M/S. Cochin Stock Exchange Ltd v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12995 of 2008(V) ---------------------------------------- PETITIONER: -------------------- M/S.COCHIN STOCK EXCHANGE LTD., MES DR.ABDUL GAFOOR MEMORIAL, CULTURAL COMPLEX, 36/1565, 4TH FLOOR, JUDGES AVENUE, KALOOR, KOCHI 682 17. REPRESENTED BY ITS EXECUTIVE DIRECTOR, SRI.BALAKRISHNA PANICKER M.G. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: ------------------------ 1. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(2), ERNAKULAM 682 018. 2. COMMISSIONER OF INCOME TAXES (APPEALS) II, KOCHI. 682 018. 3. INCOME TAX APPELLATE TRIBUNAL, IST FLOOR, (BLOCK C-1 & C-II), KENDRIYA BHAVAN, OPP. CSEZ, KAKKANAD, KOCHI - 682 037. BY ADV. SRI.GEORGE K. GEORGE, SC, IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 12995 of 2008--------------------------Dated this the 11[th] April, 2008 J U D G M E N T Petitioner is the appellant before the Appellate Tribunal, asper Exhibit P3 appeal. Along with appeal, they have sought for astay of the recovery proceedings also. The appeal is preferredagainst Exhibit P2 order passed by the Commissioner of IncomeTaxes (Appeals). During the pendency of the above appeal, 50%of the amount demanded have been deposited by the petitioner.Petitioner has approached this Court aggrieved by the steps torecover the balance tax, as evidenced by Exhibit P5. In the result, the writ petition is disposed of directing the3[rd] respondent to hear and dispose of Exhibit P4, within a periodof one month from the date of receipt of a copy of this judgment.Recovery proceedings, if any, shall be kept in abeyance tillorders are passed on the stay petition by the Tribunal. ma (T.R.RAMACHANDRAN NAIR, JUDGE) K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25[th] May, 2007 Common issues are raised forconsideration in all these writpetitions. Reference is made tothe facts in Writ PetitionNo.4562/2008 for the sake ofconvenience.