Wp(C)/18183/2013 Of Kerala State Industrial Development Corporation v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND DAY OF JULY 2013/31ST ASHADHA, 1935 WP(C).No. 18183 of 2013 (W) ---------------------------- PETITIONER(S) : -------------------------- KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM - 695 003, REPRESENTED BY ITS COMPANY SECRETARY & HEAD (LEGAL). BY ADV. SRI.K.JAJU BABU, SC RESPONDENT(S): ---------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM - 695 003. 2. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1 (1), THIRUVANANTHAPURAM, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-1 AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM PIN - 695 003. BY ADV. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn WP(C).No. 18183 of 2013 (W) ------------------------------------------ APPENDIX PETITIONERS' EXHIBITS : ------------------------------------- EXT.P1: COPY OF THE ASSESSMENT ORDER DATED 18/3/2013 IN ASSESSMENTYEAR 2010-11 PASSED BY THE 2ND RESPNDENT.YEAR 2010-11 PASSED BY THE 2ND RESPNDENT. EXT.P2: COPY OF THE DEMAND NOTICE UNDER SECTION 156 OF THE INCOME TAX ACT 1961 ISSUED BY THE 2ND RESPONDENT DATED 18/3/2013.TAX ACT 1961 ISSUED BY THE 2ND RESPONDENT DATED 18/3/2013. EXT.P3: COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15/4/2013.BEFORE THE 1ST RESPONDENT DATED 15/4/2013. EXT.P4: COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 1/7/2013.THE 1ST RESPONDENT DATED 1/7/2013. EXT.P5: COPY OF THE APPLICATION DATED 1/7/2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P6: COPY OF THE JUDGMENT DATED 18/1/2012 IN WPC NO.669/2012 OF THIS HON'BLE COURT.THIS HON'BLE COURT. RESPONDENTS' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn P.R. RAMACHANDRA MENON, J.::::::::::::::::::::::::::::::::::::::::::::::::W.P.(C). No. 18183 of 2013 :::::::::::::::::::::::::::::::::::::::::::::::: ...................................................... Dated this the 22[nd] day of July, 2013 JUDGMENT nd Being aggrieved of Ext.P1 order passed by the 2 respondent in respect of the assessment year 2010-2011, thepetitioner has preferred Ext.P3 appeal before the 1st respondentalong with Ext.P4 stay petition and P5 interlocutory applicationfor appropriate reliefs. The prayer is only to cause the same tobe considered and disposed of within a reasonable time. 2. Heard the learned Standing Counsel for the respondents. 3. Considering the limited nature of relief sought for, this Court does not find it necessary to go into the merits of the case.The writ petition is disposed of, directing the 1st respondent toconsider and pass appropriate orders on Ext.P5 I.A in accordancewith law, at the earliest, at any rate, within 'six weeks' from thedate of receipt of a copy of this judgment. 'Status quo' shall bemaintained till such time. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent forfurther steps. P.R. RAMACHANDRA MENON, JUDGE.