Wp(C)/18879/2012 Of Jagee Jewellers v. The Assistant Commissioner Fo Income Tax Circle 1(2)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH DAY OF AUGUST 2012/19TH SRAVANA 1934 WP(C).No. 18879 of 2012 (H) --------------------------------------- PETITIONER: ------------------- JAGEE JEWELLERS, KALLAMBALAM, THIRUVANANTHAPURAM, PINCODE-695 605, REPRESENTED BY ITS MANAGING PARTNER MR.R.JAYARAM. BY ADVS.SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.TERRY V.JAMES. RESPONDENTS: ------------------------ 1. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1 (2), THIRUVANANTHAPURAM-695 011. THIRUVANANTHAPURAM-695 011. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM-695 011. THIRUVANANTHAPURAM-695 011. 3. THE ASSISTANT DIRECTOR OF INCOME TAX, THIRUVANANTHAPURAM-695 011. THIRUVANANTHAPURAM-695 011. BY SRI.JOSE JOSEPH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.18879/2012-H: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF ASSESSMENT ORDER DTD.29.12.2011 FOR THE ASSESSMENT YEAR 2007-2008 ISSUED BY R1.ASSESSMENT YEAR 2007-2008 ISSUED BY R1. EXT.P2 : TRUE COPY OF ASSESSMENT ORDER DTD.29.12.2011 FOR THE ASSESSMENT YEAR 2008-2009 ISSUED BY R1.ASSESSMENT YEAR 2008-2009 ISSUED BY R1. EXT.P3 : TRUE COPY OF ASSESSMENT ORDER DTD.29.12.2011 FOR THE ASSESSMENT YEAR 2009-10 ISSUED BY R1.ASSESSMENT YEAR 2009-10 ISSUED BY R1. EXT.P4 : TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.27.2.2012 FOR THE ASSESSMENT YEAR 2007-08.RESPONDENT DTD.27.2.2012 FOR THE ASSESSMENT YEAR 2007-08. EXT.P5 : TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.27.2.2012 FOR THE ASSESSMENT YEAR 2008-09.RESPONDENT DTD.27.2.2012 FOR THE ASSESSMENT YEAR 2008-09. EXT.P6 : TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.27.2.2012 FOR THE ASSESSMENT YEAR 2009-10.RESPONDENT DTD.27.2.2012 FOR THE ASSESSMENT YEAR 2009-10. EXT.P7 : TRUE COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.23.7.2012 FOR THE ASSESSMENT YEAR 2007-08.2ND RESPONDENT DTD.23.7.2012 FOR THE ASSESSMENT YEAR 2007-08. EXT.P8 : TRUE COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.23.7.2012 FOR THE ASSESSMENT YEAR 2008-09.2ND RESPONDENT DTD.23.7.2012 FOR THE ASSESSMENT YEAR 2008-09. EXT.P9 : TRUE COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.23.7.2012 FOR THE ASSESSMENT YEAR 2009-10.2ND RESPONDENT DTD.23.7.2012 FOR THE ASSESSMENT YEAR 2009-10. EXT.P10:TRUE COPY OF THE LETTER DTD.12.7.2012 FROM FEDERAL BANK LTD., BRANCH KALLAMBALAM TO THE PETITIONER.BRANCH KALLAMBALAM TO THE PETITIONER. EXT.P11: TRUE COPY OF LETTER DTD.12.7.2012 FROM STATE BANK OF TRAVANCORE, BRANCH KALLAMBALAM TO THE PETITIONER.TRAVANCORE, BRANCH KALLAMBALAM TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// Prv. P.A. TO JUDGE. P.R. RAMACHANDRA MENON, J. --------------------------------------- W.P.(C).No.18879 of 2012 ---------------------------------------- Dated this the 10[th] day of August, 2012 JUDGMENT The petitioner is a partnership firm whose assessment in respect of the assessment years 2007-08 to 2009-2010 wascompleted as per Exts.P1 to P3 assessment orders dated29.12.2011. Being aggrieved of the said orders, the petitionerhas already approached the second respondent/appellateauthority by filing Exts. P4 to P6 appeals along with Exts. P7 toP9 petitions for stay. In the meanwhile, the respondents haveissued instructions to the bankers of the petitioner whereby theaccounts have sought to be attached so as to realize the amountadmittedly due from the petitioner which made the petitioner toapproach this Court by filing this writ petition. 2. Heard the learned Standing Counsel for the respondentsas well. JUDGMENT The petitioner is a partnership firm whose assessment in respect of the assessment years 2007-08 to 2009-2010 wascompleted as per Exts.P1 to P3 assessment orders dated29.12.2011. Being aggrieved of the said orders, the petitionerhas already approached the second respondent/appellateauthority by filing Exts. P4 to P6 appeals along with Exts. P7 toP9 petitions for stay. In the meanwhile, the respondents haveissued instructions to the bankers of the petitioner whereby theaccounts have sought to be attached so as to realize the amountadmittedly due from the petitioner which made the petitioner toapproach this Court by filing this writ petition. 2. Heard the learned Standing Counsel for the respondentsas well. 4. Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders onExts.P7 to P9 petitions for stay in accordance with law, as W.P.C. No. 18879 of 2012 -2- expeditiously as possible, at any rate, within one month from thedate of receipt of a copy of this judgment. Implementation of allfurther proceedings for realization of the due amount flowingfrom Exts.P1 to P3 shall be kept in abeyance till such time. Writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. Kp/-