Wp(C)/27842/2014 Of M/S. Travancore Education Society v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 24TH DAY OF OCTOBER 2014/2ND KARTHIKA, 1936 WP(C).No. 27842 of 2014 (E) ---------------------------- PETITIONER: ------------------ M/S. TRAVANCORE EDUCATION SOCIETY, REGISTERED OFFICE AT KALLAMBALAM POST 695 605 THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS PRESIDENT, A. SAINULABDEEN S/O ABDUL MAJEED PRESIDENT M/S TRAVANCORE EDUCATION SOCIETY KALLAMBALAM POST - 695 605, THIRUVANANTHAPURAM DISTRICT BY ADVS.SRI.O.RAMACHANDRAN NAMBIAR SRI.GEEN T. MATHEW RESPONDENT(S): ------------------------- 1. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1 OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX CENTRAL RANGE, 4TH FLOOR, ANNEXE, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM DISTRICT - 695010 2. COMMISSIONER OF INCOME TAX (APPEALS), OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS - III) KOCHI, ERNAKULAM DISTRICT - 682018 KOCHI, ERNAKULAM DISTRICT - 682018 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27842 of 2014 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: ------------------------------------- EXHIBIT P1:- TRUE COPY OF THE MEMORANDUM OF APPEAL I.T.A NO. 1 OF 2014 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2006-07 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2006-07 EXHIBIT P2:- TRUE COPY OF THE MEMORANDUM OF APPEAL I.T.A NO. 2 OF 2014 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2007-08 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2007-08 EXHIBIT P3:- TRUE COPY OF THE MEMORANDUM OF APPEAL I.T.A NO. 3 OF 2014 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2008-09 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2008-09 EXHIBIT P4:- TRUE COPY OF THE MEMORANDUM OF APPEAL I.T.A NO. 4 OF 2014 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2009-10 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2009-10 EXHIBIT P5:- TRUE COPY OF THE MEMORANDUM OF APPEAL I.T.A NO. 5 OF 2014 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2010-11 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2010-11 EXHIBIT P6:- TRUE COPY OF THE MEMORANDUM OF APPEAL I.T.A NO. 6 OF 2014 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2011-12 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2011-12 EXHIBIT P7:- TRUE COPY OF THE MEMORANDUM OF APPEAL I.T.A NO. 7 OF 2014 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2012-13 BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2012-13 EXHIBIT P8:- TRUE COPY OF THE PETITION DATED 23-09-2014 IN I.T.A NO. 1 OF 2014 BEFORE THE 2ND RESPONDENT 2014 BEFORE THE 2ND RESPONDENT EXHIBIT P9:- TRUE COPY OF THE PETITION DATED 23-09-2014 IN I.T.A NO. 2 OF 2014 BEFORE THE 2ND RESPONDENT 2014 BEFORE THE 2ND RESPONDENT EXHIBIT P10:- TRUE COPY OF THE PETITION DATED 23-09-2014 IN I.T.A NO. 3 OF 2014 BEFORE THE 2ND RESPONDENT 2014 BEFORE THE 2ND RESPONDENT EXHIBIT P11:- TRUE COPY OF THE PETITION DATED 23-09-2014 IN I.T.A NO. 4 OF 2014 BEFORE THE 2ND RESPONDENT 2014 BEFORE THE 2ND RESPONDENT EXHIBIT P12:- TRUE COPY OF THE PETITION DATED 23-09-2014 IN I.T.A NO. 5 OF 2014 BEFORE THE 2ND RESPONDENT 2014 BEFORE THE 2ND RESPONDENT EXHIBIT P13:- TRUE COPY OF THE PETITION DATED 23-09-2014 IN I.T.A NO. 6 OF 2014 BEFORE THE 2ND RESPONDENT 2014 BEFORE THE 2ND RESPONDENT EXHIBIT P14:- TRUE COPY OF THE PETITION DATED 23-09-2014 IN I.T.A NO. 7 OF 2014 BEFORE THE 2ND RESPONDENT 2014 BEFORE THE 2ND RESPONDENT WP(C).No. 27842 of 2014 (E) --------------------------------------- RESPONDENT(S)' EXHIBITS: NIL--------------------------------------- /TRUE COPY/ P.A. TO JUDGE R.K.J P.R. RAMACHANDRA MENON, J. ======================== -------------------------------------------- EXHIBIT P12:- TRUE COPY OF THE PETITION DATED 23-09-2014 IN I.T.A NO. 5 OF 2014 BEFORE THE 2ND RESPONDENT 2014 BEFORE THE 2ND RESPONDENT EXHIBIT P13:- TRUE COPY OF THE PETITION DATED 23-09-2014 IN I.T.A NO. 6 OF 2014 BEFORE THE 2ND RESPONDENT 2014 BEFORE THE 2ND RESPONDENT EXHIBIT P14:- TRUE COPY OF THE PETITION DATED 23-09-2014 IN I.T.A NO. 7 OF 2014 BEFORE THE 2ND RESPONDENT 2014 BEFORE THE 2ND RESPONDENT WP(C).No. 27842 of 2014 (E) --------------------------------------- RESPONDENT(S)' EXHIBITS: NIL--------------------------------------- /TRUE COPY/ P.A. TO JUDGE R.K.J P.R. RAMACHANDRA MENON, J. ======================== -------------------------------------------- Dated this the 24th day of October, 2014 JUDGMENT Being aggrieved of the assessment proceedings passed by the 1st respondent under Section 153 of the Income Tax Act,1961 for the assessment years 2006-07 to 2012-13, thepetitioner has preferred Exts.P1 to P7 appeals along petitions forstay before the second respondent. After consider the I.As forstay, interim orders have already been granted as per orderdated 18.7.2014 enabling the petitioner to satisfy the condition in the prescribed manner. It is stated that the petitioner issatisfying the same by way of instalments in terms of the interimorder already passed by the appellate authority. 2. The present grievance is with regard to the delay in finalizing the appeals. The learned counsel also submits that thepetitioner has filed Exts. P8 to P14 petitions for early hearing ofthe appeals and the prayer now is to cause the same to beconsidered and disposed of within a reasonable time. 3. Heard the learned Standing Counsel for the respondentsas well. W.P.C. No. 27842 of 2014 4. Considering the limited nature of relief sought for, thisCourt does not find it necessary necessary to go into the meritsof the case. The writ petition is disposed of, directing the 2ndrespondent to consider and pass appropriate orders on Exts. P8to P14 petitions at the earliest, at any rate, within 'two weeks'from the date of receipt of a copy of this judgment. The appealsshall be disposed of on merit, as expeditiously as possible, at anyrate, within 'three months' thereafter. The petitioner shall produce a copy of the judgment alongwith a copy of the writ petition before the concerned respondentfor further steps. sd/- P.R. RAMACHANDRA MENON, JUDGE. kp/-