Wp(C)/24748/2013 Of Kent Construction Private Limited v. Additional Commissioner Of Income Tax, Range - 1, Kochi

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 9TH DAY OF OCTOBER 2013/17TH ASWINA, 1935 WP(C).No. 24748 of 2013 (P) ---------------------------- PETITIONER: ---------------------- KENT CONSTRUCTION PRIVATE LIMITED DOOR NO.63/3441-A 166, KENT HAIL GARDEN STADIUM LINK ROAD, PALARIVATTOM, COCHIN-682 025. BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SMT.NIVEDITA A.KAMATH SRI.SULEKHA BEEVI C.S. SMT.T.S.VIKEESHA RESPONDENT(S)/RESPONDENTS: ---------------------------------------------------- 1. ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE - 1, KOCHI 682005. 682005. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-II ERNAKULAM-682 018. R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24748 of 2013 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE ASSESSMENT ORDER DATED 12.12.2011 ISSUED TOTHE PETITIONER BY THE FIRST RESPONDENT.THE PETITIONER BY THE FIRST RESPONDENT. EXHIBIT P2: TRUE COPY OF THE APPEAL DATED FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR A.Y. 2009-10.BEFORE THE 2ND RESPONDENT FOR A.Y. 2009-10. EXHIBIT P3: TRUE COPY OF THE STAY PETITON FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE A.Y.2009-10.BEFORE THE 2ND RESPONDENT FOR THE A.Y.2009-10. EXHIBIT P4: TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 19.9.2013 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT.ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A TO JUDGE V.CHITAMBARESH,J. = = = = = = = = = = = W.P.(C)No.24748 of 2013 = = = = = = = = = = = == = = = = Dated this the 9[th] day of October, 2013 J U D G M E N T The petitioner has filed Ext.P2 appeal against Ext.P1order of assessment. The appeal is accompanied by Ext.P3petition for recovery of the disputed tax. The petitioner isaggrieved by Ext.P4 demand notice served on it during thependency of the appeal and the petition for stay. 2. I direct the second respondent to consider Ext.P3petition with notice to the petitioner within a period of onemonth. The coercive steps pursuant to Ext.P4 notice shall beput on hold till orders are passed on Ext.P3 petition asdirected above. 3. The petitioner shall produce a copy of the writpetition with the judgment before the second respondent forcompliance. The writ petition is disposed of. V.CHITAMBARESHJUDGE