Wp(C)/17679/2015 Of Tushar Jayanthilal Jain v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 WP(C).No. 17679 of 2015 (H) ---------------------------- PETITIONER : ---------------------- TUSHAR JAYANTHILAL JAIN, 40/6110, PUSHYARAG, GOPALAPRABHU ROAD, KOCHI -682 035 BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SMT.ROSIE ATHULYA JOSEPH SMT.O.A.NURIYA RESPONDENT(S): ---------------------------- 1. INCOME TAX OFFICER, NON-CORPORATE, WARD 1 (2), KOCHI -682 018 2. COMMISSIONER OF INCOME TAX(APPEALS)-III, ERNAKULAM- 682 016 BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT SRI.CHRISTOPHER ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 17679 of 2015 (H) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 28-03-2015 FOR THE A.Y (2012-2013) ISSUED TO THE PETITIONER BY THE FIRST RESPONDENTTHE A.Y (2012-2013) ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT EXHIBIT P2 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE2ND RESPONDENT DATED 28/4/152ND RESPONDENT DATED 28/4/15 EXHIBIT P3 TRUE COPY OF THE PETITION U/S. 220(6) FILED BEFORE FIRST RESPONDENT DATED 29/4/15RESPONDENT DATED 29/4/15 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 27/5/2015 PASSED BY FIRST RESPONDENT RESPONDENT EXHIBIT P5 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 9/6/15BEFORE THE 2ND RESPONDENT DATED 9/6/15 RESPONDENT(S)' EXHIBITS:NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts A.MUHAMED MUSTAQUE, J. ------------------------------------ W.P.(C) No.17679 of 2015 ----------------------------------- Dated this the 12[th] day of June, 2015 J U D G M E N T The petitioner has filed Ext.P2 appeal along with Ext.P5 stayapplication against the assessment order passed by the 1[st]respondent. In the meanwhile, vide Ext.P4 order, the assessingauthority directed the petitioner to remit 50% of the demand for notproceeding with recovery steps. 2. Heard the learned counsel for the petitioner as well as thelearned Standing Counsel for the respondents. Considering the fact that, the petitioner has already movedthe stay application, this writ petition is disposed of directing the 2[nd]respondent to consider the stay application within a period of twomonths from the date of receipt of a copy of this judgment, afternotice to the petitioner. Till disposal of the stay application, allrecovery proceedings against the petitioner shall be deferred. Thepetitioner is also directed to produce a copy of this judgment alongwith a copy of this writ petition before the 2[nd] respondent forcompliance. Sd/- A.MUHAMED MUSTAQUE, JUDGE. AV