Wp(C)/21668/2012 Of Mir Realtors Pvt. Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH DAY OF SEPTEMBER 2012/27TH BHADRA 1934 WP(C).No. 21668 of 2012 (G) --------------------------- PETITIONER(S): ------------- MIR REALTORS PVT. LTD., M.M.BUILDINGS, KALABHAVAN ROAD, KOCHI-682018, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.ARUN KUMAR. BY ADVS.SRI.RAJESH NAIR SRI.BIJOY CHANDRAN SRI.M.PATHROSE MATTHAI (SR.) RESPONDENT(S): -------------- 1. INCOME TAX OFFICER, WARD-1 (1), CENTRAL REVENUE BUILDINGS, I.S.PRESS ROAD, KOCHI-682018. I.S.PRESS ROAD, KOCHI-682018. 2. THE COMMISSIONER OF INCOME TAX (APPEALS-II), KERA BHAVAN, KOCHI-682011. KERA BHAVAN, KOCHI-682011. 3. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-I (II), CENTRAL REVENUE BUILDING, CIRCLE-I (II), CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, KOCHI-682018. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LSN WP(C).No. 21668 of 2012 (G) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1.TRUE COPY OF THE ORDER OF ASSESSMENT DATED 15.12.2011. EXHIBIT-P2.TRUE COPY OF APPEAL DATED 12.1.2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. EXHIBIT-P3.TRUE COPY OF THE PETITION DATED 12.9.2012 FILED BEFORE THE 2ND RESPONDENT SEEKING TO HEAR THE APPEAL.RESPONDENT SEEKING TO HEAR THE APPEAL. EXHIBIT-P4.TRUE COPY OF THE PETITION DATED 12.9.2012 PRAYING FOR STAY OF THE COLLECTION OF THE DISPUTED TAX.THE COLLECTION OF THE DISPUTED TAX. EXHIBIT-P5.TRUE COPY OF THE LETTER/REQUEST DATED 25.6.2012 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT-P6.TRUE COPY OF THE ORDER DATED 25.6.2012 PASSED BY THE 3RD RESPONDENT.RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.21668 OF 2012(G) -------------------------------------------------- Dated this the 18[th] day of September, 2012 J U D G M E N T Heard the counsel for the petitioner and the learned StandingCounsel appearing for the respondents. 2. Petitioner is a company engaged in the business of realestate development. Ext.P1 is an order of assessment passedagainst the petitioner under Section 143(3) of the Income Tax Act.Aggrieved by that order, petitioner filed Ext.P2 appeal and Ext.P4stay petition, which are pending consideration of the 2[nd] respondent.Orders have not been passed on Ext.P4 and in the meanwhilepetitioner moved the third respondent. On that application, the thirdrespondent passed Ext.P6 order, directing the petitioner to remit 50%of the total demand in 18 equal monthly installments of Rs.17 lakhseach. It is aggrieved by Ext.P6 order and apprehending recovery fornon-compliance thereof, this writ petition is filed. 3. Evidently, the appeal and stay petition are pendingconsideration before the 2[nd] respondent. Taking into account thehuge demand that is raised against the petitioner, I feel that the appropriate order to be passed is to require the appellate authority to consider Ext.P4 stay petition. This the appellate authority shall do asexpeditiously as possible and at any rate within one month from thedate of receipt of a copy of the judgment. In the meanwhile furtherproceedings to recover the amount due under Ext.P1 assessmentorder will be kept in abeyance. Petitioner shall produce a copy of the judgment along with acopy of the writ petition before the 2[nd] respondent for compliance. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE