Wp(C)/15412/2012 Of Shri.george Jacob v. The Dy.commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 3RD DAY OF JULY 2012/12TH ASHADHA 1934 WP(C).No. 15412 of 2012 (B) --------------------------- PETITIONER: ----------------- SHRI.GEORGE JACOB , AGED 59 YEARS (PAN/GIR NO.ABVP J5358A), MUTHOOT HOUSE KOZHENCHERRY. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SMT.NISHA JOHN SRI.V.P.NARAYANAN SMT.BOBY M.SEKHAR RESPONDENTS: ----------------------- 1. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, THIRUVALLA-689645. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) -1, AYAKKAR BHAVAN, KAWDIAR, THIRUVANANTHAPURAM-695003. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP WP(C).No. 15412 of 2012 (B) APPENDIX PETITIONER'SEXHIBITS : EXHIBIT-P1.TRUE COPY OF THE ASSESSMENT ORDER DATED 30.12.2010 ISSUED BY THE 1ST RESPONDENT. BY THE 1ST RESPONDENT. EXHIBIT-P2.TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 7.01.2011. PETITIONER BEFORE THE 2ND RESPONDENT ON 7.01.2011. EXHIBIT-P3.TRUE COPY OF THE NOTICE NO.PAN/GIR NO. DATED 22.03.2011 ISSUED BY THE 1ST RESPONDENT. 22.03.2011 ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P4.TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 21.06.2012. BEFORE THE 2ND RESPONDENT ON 21.06.2012. EXHIBIT-P5.TRUE COPY OF THE ORDER NO.C.405(9)/STAY/CIT/KTM/2010-11 DATED 22.05.2012 PASSED BY THE COMMISSIONER OF INCOME TAX, KOTTAYAM. DATED 22.05.2012 PASSED BY THE COMMISSIONER OF INCOME TAX, KOTTAYAM. DATED 22.05.2012 PASSED BY THE COMMISSIONER OF INCOME TAX, RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE P.R.RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c) No.15412 OF 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3[rd] day of July, 2012 JUDGMENT Challenging Ext.P1 Assessment Order, the petitioner haspreferred Ext.P2 appeal along with Ext.P4 petition for stay, which arepending consideration before the second respondent. 2.The case of the petitioner is that without any regard to thependecy of the above proceedings, Ext.P3 demand notice was issuedwhich made the petitioner to approach this Court with the present writpetition. 3.Heard the learned Government Pleader as well. 4.Considering the facts and circumstances, the writ petition isdisposed of, directing the second respondent to consider and passappropriate orders on Exts.P4 petition for stay, in accordance with law,as expeditiously as possible, at any rate within one month from the dateof receipt of a copy of this judgment. Coercive proceedings pursuant toExt.P3 shall be kept in abeyance till such time. WPC.No.15412/2012 The petitioner shall produce a copy of this judgment along with acopy of this writ petition before the second respondent for furthersteps. P.R.RAMACHANDRA MENONJUDGE sv. WPC.No.15412/2012 sv. P.R.RAMACHANDRA MENONJUDGE