Wp(C)/15682/2013 Of Moncy Daniel v. Commissioner Of Income Tax Appeals

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 25TH DAY OF JUNE 2013/4TH ASHADHA, 1935 WP(C).No. 15682 of 2013 (I) ---------------------------- PETITIONER(S): ------------------ MONCY DANIEL PANACHOOR HOUSE, OPP.SANTHI THEATRE MULLACKAL, ALAPPUZHA DISTRICT. BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S): -------------------- 1. COMMISSIONER OF INCOME TAX (APPEAL) ERNAKULAM, PIN 682 011. 2. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-I ALAPPUZHA 688 011. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15682 of 2013 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------ EXT.P1 - TRUE COPY OF ASSESSMENT ORDER DATED 31-12-2011 ISSUED BY2ND RESPONDENT EXT.P2 - TRUE COPY OF MEMORANDUM OF APPEAL FILED BY PETITIONER BEFORE1ST RESPONDENT DATED 17-1-2012 EXT.P3 - TRUE COPY OF STAY PETITION DATED 17-1-2012 EXT.P4 - TRUE COPY OF JUDGMENT IN WPC.NO.1925/2013 DATED 18-1-2013 uj. //True copy// P.A.to Judge P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 15682 OF 2013 ......................................................................... Dated this the 25[th] June, 2013 J U D G M E N T Being aggrieved of Ext.P1 assessment order passed by the second respondent , the petitioner has already approached theappellate authority by way of Ext.P2 appeal along with Ext.P3petition for stay. 2. The learned Counsel for the petitioner submits thatinspite of the direction given by this Court as per Ext.P4judgment to pass orders on Ext.P3 stay petition within fourweeks, it is still to be passed. The respondents are nowproceeding with coercive steps, after expiry of the 'four weeks'mentioned in paragraph '2' of the judgment. Hence this writpetition. 3. The learned Standing Counsel for the respondentssubmits that the Interlocutory Application for stay was listed forhearing on 18.04.2013 and 29.04.2013. Since the concernedofficer came to be transferred, another incumbent assumed theoffice and the matter was heard on 17.06.2013. It standsadjourned to 04.07.2013 for passing orders. W.P.(C)No. 15682 OF 2013 2 4. After hearing both the sides, this Court finds that, inview of the direction already given by this Court as per Ext.P4,no further orders are necessary with regard to disposal of thestay petition. It is made clear that no coercive proceedings shallbe pursued against the petitioner, unless and until appropriateorders are passed in the stay petition, as aforesaid. The writ petition is disposed of. P.R.RAMACHANDRA MENONJUDGE lk