Wp(C)/2156/2013 Of M/S. Anson Asset Management v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND DAY OF JANUARY 2013/2ND MAGHA 1934 WP(C).No. 2156 of 2013 (T) -------------------------- PETITIONER(S): -------------------------- M/S. ANSON ASSET MANAGEMENT, 2ND FLOOR,PENDANATHU PLAZA,OPP.HEAD POST OFFICE, PALA,KOTTAYAM DISTRICT - 686 575 REPRESENTED BY ITS MANAGING PARTNER MR.ANTONY K.T. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM RESPONDENT(S): ---------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS), KERA BHAVAN,KOCHI,COCHIN - 682 016. KERA BHAVAN,KOCHI,COCHIN - 682 016. 2. INCOME TAX OFFICER, WARD (1), PUBLIC LIBRARY BUILDING, SASTRI ROAD,KOTTAYAM - 686001. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2156 of 2013 (T) APPENDIX PETITIONER(S) EXHIBITS EXT.P-1TRUE COPY OF THE ASSESSMENT ORDER DATED 2-11-2010 FOR THEASSESSMENT YEAR 2008-09 ISSUED BY THE 2ND RESPONDENT TO THEPETITIONER FIRM.ASSESSMENT YEAR 2008-09 ISSUED BY THE 2ND RESPONDENT TO THEPETITIONER FIRM. EXT.P-2TRUE COPY OF THE DEMAND NOTICE DATED 2-11-2010 FOR THEASSESSMENT YEAR 2008-09 ISSUED BY THE 2ND RESPONDENT TOTHE PETITIONER.ASSESSMENT YEAR 2008-09 ISSUED BY THE 2ND RESPONDENT TOTHE PETITIONER. EXT.P-3TRUE COPY OF THE APPEAL DATED 17-12-2010 FILED BY THEPETITIONER.PETITIONER. EXT.P-4TRUE COPY OF THE STAY PETITION DATED 17-12-2010 FILED BYTHE PETITIONER BEFORE THE 1ST RESPONDENT.THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P-5TRUE COPY OF THE LETTER DATED 1-7-2011 ISSUED BY THE1ST RESPONDENT TO THE PETITIONER.1ST RESPONDENT TO THE PETITIONER. EXT.P-6TRUE COPY OF THE COMMUNICATION DATED 29-10-2012 WITHNO.AAKFA4222A/W-1/KTM/2012-13 ISSUED TO THE PETITIONERBY THE 2ND RESPONDENT.NO.AAKFA4222A/W-1/KTM/2012-13 ISSUED TO THE PETITIONERBY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC,J -------------------------------- W.P.(C) No. 2156 of 2013 ------------------------------------- Dated this the 22[nd ]day of January, 2013 JUDGMENT Aggrieved by Ext.P1 order of assessment for the year2008-2009 passed against the petitioner under theIncome Tax Act, the petitioner filed Ext.P3 appeal alongwith Ext.P4 stay petition. The appeal and the stay petitionare pending consideration of the first respondent. In themeanwhile, their request to defer recovery, pendingorders on the appeal is rejected by Ext.P6. In suchcircumstances, apprehending recovery proceedings, thewrit petition is filed. 2. I heard the learned counsel for the petitioner and the learned standing counsel appearing for the Revenue. 3. Taking note of the pendency of Ext.P3 appeal and Ext.P4 stay petition, I dispose of this writ petitiondirecting the first respondent to pass orders on Ext.P4stay petition. This shall be done as expeditiously as W.P.(c) No.2156 of 2013 : 2 : possible, at any rate, within four weeks of receipt of acopy of this judgment. In the meanwhile, recovery of thetax due under Ext.P1, will stand stayed. Petitioner will produce a copy of this judgment and the writ petition before the first respondent forcompliance. ln Sd/- ANTONY DOMINIC, JUDGE