Wp(C)/15416/2012 Of Shri.george Thomas v. The Deputy 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. 15416 of 2012 () -------------------------- PETITIONER(S): ---------------------------- SHRI.GEORGE THOMAS, (PANO.ACKPG 5858G), MUTHOOT HOUSE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. BY SRI.T.M.SREEDHARAN,SENIOR ADVOCATE ADVS.SMT.NISHA JOHN SRI.V.P.NARAYANAN SMT.BOBY M.SEKHAR RESPONDENT(S): ------------------------------ 1. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, THIRUVALLA.PIN-689 645 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-1 AYAKKAR BHAVAN, KAWDIAR, THIRUVANANTHAPURAM-695 003. R1 & R2 BY ADV. 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: WP(C)NO.15416/2012 APPENDIX PETITIONER'S EXHIBITS: P1COPY OF THE ASSESSMENT ORDER DATED 30/12/2010 ISSUED BY THE 1ST RESPONDENT.RESPONDENT. P2COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 7/01/2011THE 2ND RESPONDENT ON 7/01/2011 P3COPY OF THE NOTICE NO.PAN/GIR NO. DATED 22/03/2011 ISSUED BY THE 1ST RESPONDENT.BY THE 1ST RESPONDENT. P4COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 21/06/2012RESPONDENT ON 21/06/2012 P5COPY OF THE CIRCULAR F.NO.404/10/2009-ITCC DATED 1/12/2009 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES.THE CENTRAL BOARD OF DIRECT TAXES. RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A.TO.JUDGE P.R.RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c) No. 15416 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 pass appropriate 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.15416/2012 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.15416/2012 sv. P.R.RAMACHANDRA MENONJUDGE WPC.No.15416/2012 P.R.RAMACHANDRA MENONJUDGE WPC.No.15416/2012 sv.