Wp(C)/28880/2011 Of O.g.sunil v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28880 of 2011(H) --------------------------------------- PETITIONER: ------------------ O.G. SUNIL, 13B,LINK HORIZON, MARINE DRIVE, ERNAKULAM,KOCHI-11. BY ADVS. SRI.ANIL D. NAIR SRI.J.R.PREM NAVAZ SMT.NIVEDITA A.KAMATH RESPONDENTS: ----------------------- 1. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, ERNAKULAM. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-111, KOCHI. 3. TAX RECOVERY OFFICER, RANGE-1, C.R.BUILDINGS, I.S.PRESS ROAD, KOCHI-18. R1 TO R3 BY GOVT. PLEADER SRI. JOSE JOSEPH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2002-03 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENTISSUED TO THE PETITIONER BY THE FIRST RESPONDENT EXHIBIT P2TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2003-04 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT EXHIBIT P3TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2004-05 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENTISSUED TO THE PETITIONER BY THE FIRST RESPONDENT EXHIBIT P4TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2005-06 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENTISSUED TO THE PETITIONER BY THE FIRST RESPONDENT EXHIBIT P5TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2006-07 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENTISSUED TO THE PETITIONER BY THE FIRST RESPONDENT EXHIBIT P6TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2007-08 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENTISSUED TO THE PETITIONER BY THE FIRST RESPONDENT EXHIBIT P7TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2008-09 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENTISSUED TO THE PETITIONER BY THE FIRST RESPONDENT EXHIBIT P8TRUE COPY OF THE APPEAL FOR THE YEAR 2002-03 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENTPETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P9TRUE COPY OF THE APPEAL FOR THE YEAR 2003-04 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENTPETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P10TRUE COPY OF THE APPEAL FOR THE YEAR 2004-053 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENTPETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P11TRUE COPY OF THE APPEAL FOR THE YEAR 2005-06 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENTPETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P12TRUE COPY OF THE APPEAL FOR THE YEAR 2006-07 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENTPETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P13TRUE COPY OF THE APPEAL FOR THE YEAR 2007-08 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENTPETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P14TRUE COPY OF THE APPEAL FOR THE YEAR 2008-09 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENTPETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P15TRUE COPY OF THE POSTING NOTICE DATED 23/7/2010 , POSTING THE APPEALS FOR HEARING ON 17/8/2010THE APPEALS FOR HEARING ON 17/8/2010 EXHIBIT P16TRUE COPY OF THE NOTICE DATED 30/9/2011 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER.RESPONDENT TO THE PETITIONER. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 28880 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31[st] day of October, 2011. J U D G M E N T Against Exts.P1 to P7 assessment orders, the petitioner has filed Exts. P8 to P14 appeals. Thoseappeals were heard by the 2[nd] respondent as early as on17.8.2010. The petitioner seeks a direction to the 2[nd]respondent to pass orders on the appeals, pursuant to thehearing conducted on 17.8.2010. 2. I have heard the learned standing counsel for the respondents also. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 28880 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31[st] day of October, 2011. J U D G M E N T Against Exts.P1 to P7 assessment orders, the petitioner has filed Exts. P8 to P14 appeals. Thoseappeals were heard by the 2[nd] respondent as early as on17.8.2010. The petitioner seeks a direction to the 2[nd]respondent to pass orders on the appeals, pursuant to thehearing conducted on 17.8.2010. 2. I have heard the learned standing counsel for the respondents also. In the facts and circumstances of the case, I disposeof this writ petition with a direction to the 2[nd] respondentto pass orders on Exts. P8 to P14 appeals pursuant to thehearing conducted on 17.8.2010, as expeditiously aspossible, at any rate, within 2 months from the date ofreceipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/