Wp(C)/23678/2012 Of Crescent Medical Centre Ltd v. The Agricultural Income Tax & Commercial Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH DAY OF OCTOBER 2012/18TH ASWINA 1934 WP(C).No. 23678 of 2012 (H) --------------------------- PETITIONER:----------- CRESCENT MEDICAL CENTRE LTD, DOOR NO. XI/835, COURT ROAD, ALATHUR, PALAKKAD REPRESENTED BY A. USMAN, MANAGING DIRECTOR. BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SMT.ANN SUSAN GEORGE SMT.NEENU.P.KUMAR SMT.ANN SUSAN GEORGE SMT.NEENU.P.KUMAR RESPONDENTS: ------------ 1. THE AGRICULTURAL INCOME TAX & COMMERCIAL TAX OFFICER, ALATHUR, PIN-678541. ALATHUR, PIN-678541. 2. THE DEPUTY COMMISSIONER (APPEALS), 4TH FLOOR SALES TAX COMPLEX, PERUMANNUR, ERNAKULAM PIN-682015. 4TH FLOOR SALES TAX COMPLEX, PERUMANNUR, ERNAKULAM PIN-682015. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, COMMERCIAL TAXES, CHITTUR, PALAKKAD DISTRICT- PIN-678101. 4. THE APPELLATE ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD-678001. COMMERCIAL TAXES, PALAKKAD-678001. BY SENIOR GOVERNMENT PLEADER, SMT.SHOBHA ANNAMMA EAPPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS : EXT.P1 :TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2008-2009 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED13-6-2012.ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED13-6-2012.EXT.P2 :TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 2-7-2012.SECOND RESPONDENT DATED 2-7-2012.EXT.P3 :TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 6-9-2012.BEFORE THE SECOND RESPONDENT DATED 6-9-2012.EXT.P4 :TRUE COPY OF THE DEMAND NOTICE FOR THE YEAR 2008-09 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER DATED 21-8-2012.BY THE THIRD RESPONDENT TO THE PETITIONER DATED 21-8-2012.EXT.P5 :TRUE COPY OF THE DEMAND NOTICE FOR THE YEAR 2008-09 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER DATED 21-8-2012.BY THE THIRD RESPONDENT TO THE PETITIONER DATED 21-8-2012. RESPONDENTS' EXHIBITS:NIL /TRUE COPY/ P.A.TO JUDGE ANTONY DOMINIC,J ---------------------------------- W.P.(C)No.23678 of 2012 ------------------------------------- Dated this the 10[th] day of October, 2012 JUDGMENT Ext.P1 order of assessment is challenged before the secondrespondent in Ext.P2 appeal. Ext.P2 appeal and Ext.P3 staypetition are pending before the second respondent. In themeanwhile, Revenue Recovery proceedings were initiated byExts.P4 and P5 demand notices. Therefore, the writ petition isfiled. Taking note of the pendency of Ext.P3 stay petition beforethe second respondent, I direct the second respondent to passorders thereon. This shall be done at any rate, within four weeksfrom today. In the meanwhile, further proceedings pursuant toExts.P4 and P5, will be kept in abeyance. Petitioner will produce a copy of this judgment and writ petition before the second respondent for compliance. Writ Petition is disposed of as above. ln Sd/- ANTONY DOMINIC, JUDGE