Wp(C)/27496/2014 Of M/S. Believers Church India v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 21ST DAY OF OCTOBER 2014/29TH ASWINA, 1936 WP(C).No. 27496 of 2014 (J) ---------------------------- PETITIONER : -------------------- M/S. BELIEVERS CHURCH INDIA ST. THOMAS NAGAR, KUTTAPUZHA P.O. THIRUVALLA-689103 REPRESENTED BY TRUSTEE DR.SIBY PUNNOOSE. BY ADVS.SRI.ANIL D. NAIR SMT.C.S.SULEKHA BEEVI SRI.R.SREEJITH SRI.JOSE JOSEPH (CHEMPLAYIL) KUM.SOUMYA PRAKASH SRI.JOSE JOSEPH (CHEMPLAYIL) RESPONDENT(S) : ---------------------------- 1. THE INCOME TAX OFFICER OFFICE OF THE ADDL.COMMISSIONER OF INCOME TAX, WARD-1, THIRUVALLA - 689 103. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-I AAYAKAR BHAVAN, KOWDIAR, TRIVANDRUM-695 003. R1 & R2 BY ADV. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn WP(C).No. 27496 of 2014 (J) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :------------------------------------- EXT.P1 - TRUE COPY OF THE ASSESSMENT ORDER DATED 30-01-2014 ISSUED BY THE 1ST RESPONDENT. EXT.P2 - TRUE COPY OF THE APPEAL DATED 28-02-2014 FILED BEFORE THE 2ND RESPONDENT. EXT.P3 - TRUE COPY OF THE STAY PETITION BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn P.R. RAMACHANDRA MENON, J. ======================== W.P.(C). No. 27496 of 2014 -------------------------------------------- Dated this the 21[st] day of October, 2014 JUDGMENT Being aggrieved of Ext.P1assessment order passed by the firstrespondent, the petitioner has preferred Ext.P2 appeal, along withExt.P3 petition for stay, which are pending consideration before thesecond respondent. The grievance of the petitioner is that, withoutany regard to the pendency of the above proceedings, the respondentsare proceeding with coercive steps which hence is sought to beintercepted by this Court. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders on Ext.P3 petition for stay, in accordance with law, as expeditiously aspossible, at any rate, within 'one month' from the date of receipt of acopy of this judgment. Coercive proceedings, if any, shall be kept inabeyance till such time. The petitioner shall produce a copy of this judgment along with acopy of this writ petition before the concerned respondent for furthersteps. The writ petition is disposed of as above. sd/- P.R. RAMACHANDRA MENON, JUDGE.