Wp(C)/16757/2011 Of M.j. Lawrence v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 16757 of 2011(T) -------------------------- PETITIONER(S): ----------------------- M.J. LAWRENCE, MADATHIPARAMBIL (KADAMATTUPARAMBIL) MARADU PO, ERNAKULAM, COCHIN 682 304. BY ADVS. SRI.ANIL D. NAIR SRI.J.R.PREM NAVAZ SMT.NIVEDITA A.KAMATH RESPONDENT(S): ----------------------- 1. THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, ERNAKULAM - 682018 2. THE COMMISSIONER OF INCOME TAX (APPEALS) ERNAKULAM - 682018 BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX SR. GOVT. PLEADER SRI.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16757 of 2011 APPENDIX: S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 16757 OF 2011 ------------------------------------------------- DATED THIS THE 12[th] DAY OF JULY, 2011 J U D G M E N T Against Ext.P1 assessment order petitioner filed Ext.P2appeal before the 2[nd] respondent along with Ext.P3 stay petition.Petitioner also filed Ext.P4 rectification application before the 1[st]respondent in respect of certain alleged mistakes in theassessment order. Petitioner's grievance in this writ petition isthat Ext.P4 application for rectification is not being consideredby the 1[st] respondent. Petitioner also seeks disposal of Ext.P3stay petition filed by the petitioner before the 2[nd] respondent. 2.Learned Standing Counsel for the Income TaxDepartment points out that as per the rules the Department hastime till 31-07-2011 to dispose of the application for rectification. 3.Having heard both sides I dispose of the writ petitionwith the following directions: The 1[st] respondent shall consider and pass orders on Ext.P4application for rectification as expeditiously as possible at anyrate before 31-07-2011. The 2[nd] respondent shall consider andpass orders on Ext.P3 stay petition as expeditiously as possible, W.P.(C)No. 16757/2011 at any rate within one month from the date of receipt of a copy ofthis judgment. Till orders are passed on Ext.P3 the recoveryproceedings shall be kept in abeyance. Sd/-S. SIRI JAGAN, JUDGE. AMG True copy P.A to Judge