Wp(C)/20783/2015 Of Aleema P.a v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 WP(C).No. 20783 of 2015 (W) ---------------------------- PETITIONER: ------------------- ALEEMA P.A., W/O.T.MOIDEEN KUNHI, ANWA MANZIL, T.B.ROAD, KANHANGAD, HOSDURG-671315. BY ADVS.SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA RESPONDENT(S): -------------------------- 1. INCOME TAX OFFICER, WARD -I, INCOME TAX DEPARTMENT, KASARGODE - 671315. 2. COMMISSIONER OF INCOME TAX (APPEALS), KOZHIKODE - 673001. BY SRI.K.M.V.PANDALAI, sc THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/ WP(C).No. 20783 of 2015 (W) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: ------------------------------------- EXHIBIT P1- TRUE COPY OF THE ASSESSMENT ORDER FOR THE AY-2011-2012 (INCOME TAX) DATED 18.3.2015.(INCOME TAX) DATED 18.3.2015. EXHIBIT P2- TRUE COPY OF THE ASSESSMENT ORDER FOR THE AY-2012-2013 (INCODE TAX) DATED 19.3.2015.(INCODE TAX) DATED 19.3.2015. EXHIBIT P3- TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY-2011-12 (INCOME TAX) DATED 30.3.2015.2ND RESPONDENT FOR THE AY-2011-12 (INCOME TAX) DATED 30.3.2015. EXT .P3(A)- TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY-2011-12 (INCOME TAX) DATED 30.3.2015. BEFORE THE 2ND RESPONDENT FOR THE AY-2011-12 (INCOME TAX) DATED 30.3.2015. EXHIBIT P4- TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY-2012-13 (INCOME TAX) DATED 23.3.2015.2ND RESPONDENT FOR THE AY-2012-13 (INCOME TAX) DATED 23.3.2015. EXT. P4(A)- TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE 2ND RESPONDENT FOR THE AY-2012-13 (INCOME TAX) DATED 23.3.2015.BEFORE 2ND RESPONDENT FOR THE AY-2012-13 (INCOME TAX) DATED 23.3.2015. EXHIBIT P5- TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 18.6.2015.DATED 18.6.2015. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE A. MUHAMED MUSTAQUE, J. -------------------------------------------- W.P(C). No. 20783 of 2015 ------------------------------------------- Dated this the 10[th] day of July, 2015 J U D G M E N T The petitioner has filed this writ petition challengingExts.P1 & P2 assessment orders for the years 2011-12 & 2012-13 passed by the 1[st] respondent. The petitioner has preferredExts.P3 & P4 appeals along with Exts.P3(a) & P4(a) petitions forstay against the said order. 2. Heard the learned counsel for the petitioner as wellas the learned Government Pleader for the respondents. 3. Considering the facts and circumstances of the case,this writ petition is disposed of directing the 2[nd] respondent toconsider the appeals and petitions for stay, after issuing noticeto the petitioner, within a period of three months from the dateof receipt of a copy of this judgment. Till a final decision istaken as directed above, all the coercive proceedings pursuantto Ext.P5 shall be kept in abeyance. Petitioner shall produce a copy of this judgment alongwith a copy of this with petition before the 2[nd] respondent forfurther steps. Sd/- A. MUHAMED MUSTAQUE, JUDGE.