Wp(C)/22760/2011 Of Ragesh Manu v. The Commissioner Of Income Tax(Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 22760 of 2011(T) ------------------------------------- PETITIONER: RAGESH MANU, AGED 22, S/O.DR.RADHAKRISHNAN, SANTHIMADOM, N. PARUR, ERNAKULAM DISTRICT. BY ADV. SRI.V.A.PRADEEP KUMAR SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN RESPONDENTS: 1. THE COMMISSIONER OF INCOME TAX (APPEALS) III, KERA BHAVAN, KOCHI-682 018. 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, ERNAKULAM-682031. BY SC SRI.JOSE HOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 22760/2011 PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE APPEAL MEMORANDUM DURING THE PERIOD OF 2007-08APPEAL ITA NO.67/CENT/CIT(A) III – 2010-11 EXT. P2 TRUE COPY OF THE APPEAL MEMORANDUM DURING THE PERIOD OF 2008-09APPEAL ITA NO.68/CENT/CIT(A) III – 2010-11 EXT. P3 TRUE COPY OF THE APPEAL MEMORANDUM DURING THE PERIOD OF 2009-10APPEAL ITA NO.69/CENT/CIT(A) III – 2010-11 EXT. P4 TRUE COPY OF THE NOTICE DT. 29.7.11 ISSUED BY THE SECOND RESPONDENT EXT. P5 TRUE COPY OF THE REPLY DT. 12.8.11 GIVEN BY THE PETITIONER EXT. P6 TRUE COPY OF THE STAY PETITION DT. 24.1.11 FILED BY THE PETITIONER IN EXT.P1 APPEAL EXT. P7 TRUE COPY OF THE STAY PETITION DT. 24.1.11 FILED BY THE PETITIONER IN EXT.P2 APPEAL EXT. P8 TRUE COPY OF THE STAY PETITION DT. 24.1.11 FILED BY THE PETITIONER IN EXT.P3 APPEAL /TRUE COPY/ T.R.Ramachandran Nair, J. ------------------------------------------- W.P.(C) No.22760 of 2011 ------------------------------------------- Dated this the 25[th] day of August, 2011 JUDGMENT Petitioner seeks for a direction to the first respondent to consider andpass orders on the stay petitions filed along with the appeals within a timeframe. 2. Appeals have been filed against the assessment orders issued forthe periods 2007-08, 2008-09 and 2009-09. The appeal memorandums areExhibits P1 to P3 respectively. Along with I.A.No.14073/2011, petitioner hasproduced Exhibits P6 to P8, copies of the stay petitions. 3. Heard the learned standing counsel for the Department. 4. Petitioner has already been served with demand notices forremitting the tax and therefore, learned counsel for the petitioner prayedthat a direction may be issued to the first respondent to consider and passorders on the stay petitions within a time frame. 5. There will be a direction to the first respondent to consider andpass orders on Exhibits P6 to P8 stay petitions within a period of one monthfrom the date of receipt of a copy of this judgment. Till then, secondrespondent will keep in abeyance the steps for enforcing the assessmentorders. The writ petition is accordingly disposed of. tkv (T.R.Ramachandran Nair, Judge)