Wp(C)/13961/2014 Of S.mohandas v. Income Tax Officer, Ward-2

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 3RD DAY OF JUNE 2014/13TH JYAISHTA, 1936 WP(C).No. 13961 of 2014 (U) ---------------------------- PETITIONER(S): ----------------- S.MOHANDAS, XXIII/1262, MAHESH BHAVAN, VADAKKEVILA P.O. KOLLAM - 691 001. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S): ------------------ 1. INCOME TAX OFFICER, WARD-2 OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX KOLLAM RANGE, KOLLAM -691 001. KOLLAM RANGE, KOLLAM -691 001. 2. COMMISSIONER (APPEALS) OFFICE OF COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM - 695 003. THIRUVANANTHAPURAM - 695 003. 3. THE RECOVERY OFFICER, OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM - 695 003. THIRUVANANTHAPURAM - 695 003. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX BY GOVERNMENT PLEADER SMT. SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON03-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13961 of 2014 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------- EXHIBIT-P1-TRUE COPY OF THE ORDER OF THE IST RESPONDENT DATED19/03/2013. EXHIBIT-P2-TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THEPETITIONER DATED 23/05/2013. EXHIBIT-P3-TRUE COPY OF THE STAY PETITION FILED ALONG WITH THE APPEAL. EXHIBIT-P4-TRUE COPY OF THE NOTICE REGARDING RECOVERY PROCEEDINGSINITIATED BY THE THIRD RESPONDENT DATED 30/04/2014. RESPONDENT(S)' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE dlk K. VINOD CHANDRAN, J. ===================== W.P.(C) No. 13961 of 2014======================Dated this the 3[rd] day of June, 2014 J U D G M E N T Ext.P1 is the assessment order passed against the petitioner for the year 2010-11. Against which, petitioner filedExt. P2 appeal, which is accompanied by Ext.P3 stay petitionbefore the 2[nd ]respondent. Appeal and stay petition are pendingbefore the 2[nd]respondent. In the meanwhile, coerciveproceedings have been initiated. It is in this context, the writpetition has been filed. 2. In the above circumstances, it is directed that theappellate authority, the 2[nd] respondent herein, shall dispose ofExt.P3 stay application within a period of one month from todayand the coercive proceedings be stayed until such orders arepassed, which order shall determine the matter thereafter.Writ petition disposed of. Sd/- K. VINOD CHANDRAN, JUDGE SB // True Copy //