Wp(C)/1925/2013 Of Moncy Daniel v. Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH DAY OF JANUARY 2013/28TH POUSHA 1934 WP(C).No. 1925 of 2013 (M) -------------------------- PETITIONER(S): -------------------------- MONCY DANIEL, AGED 48 YEARS S/O.LATE DANIEL, RESIDING AT PANACHOOR HOUSE OPPOSITE SANTHI THEATRE, MULLACKAL ALAPPUZHA 11 BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S): ---------------------------- 1. COMMISSIONER OF INCOME TAX(APPEALS) ERNAKULAM 682 011 2. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1 ALAPPUZHA 688 011 BY GOVERNMENT PLEADER SRI. JOSE JOSEPH FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 18-01-2013, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: WP(C).No. 1925 of 2013 (M) APPENDIX PETITIONER(S) EXHIBITS EXT.P1TRUE COPY OF ASSESSMENT ORDER DATED 31-12-2011 ISSUEDBY 2ND RESPONDENT. EXT.P2TRUE COPY OF MEMORANDUM OF APPEAL FILED BYPETITIONER BEFORE 1ST RESPONDENT. EXT.P3TRUE COPY OF STAY PETITION DATED 17.1.2012 FILED BY THEPETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS :NIL //TRUE COPY// P.A. TO JUDGE. dlk ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.1925 OF 2013(M) -------------------------------------------------- Dated this the 18[th] day of January, 2013 J U D G M E N T Petitioner is an assessee under the Income Tax Act.Ext.P1 is the order of assessment passed against him for theyear 2007-08. Aggrieved by the assessment order she has filedExt.P2 appeal before the first respondent. Along with the appealshe also filed Ext.P3 stay petition. Appeal and stay petition arepending consideration of the first respondent. In the meanwhileapprehending recovery pursuant to Ext.P1 this writ petition isfiled. 2. Since Ext.P2 appeal and Ext.P3 stay petition arepending consideration of the first respondent, I direct the firstrespondent to pass orders on Ext.P3 stay petition. This the firstrespondent shall do as expeditiously as possible and at any ratewithin 4 weeks from the date of production of a copy of thejudgment. In the meantime recovery of tax due under Ext.P1 willstand stayed. :2 : Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent. Writ petition is disposed of as above. Sd/- vi/ (ANTONY DOMINIC) JUDGE