Wp(C)/29569/2012 Of Cochin International Airport Ltd v. Additional Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH DAY OF DECEMBER 2012/23RD AGRAHAYANA 1934 WP(C).No. 29569 of 2012 (U) --------------------------- PETITIONER(S): ------------- COCHIN INTERNATIONAL AIRPORT LTD. 35-GCDA COMPLEX, MARINE DRIVE KOCHI - 682 031, REPRESENTED BY ITS EXECUTIVE DIRECTOR(FINANCE & COMPANY SECRETARY) BY ADVS.SRI.M.PATHROSE MATTHAI (SR.) SRI.SAJI VARGHESE SMT.MARIAM MATHAI RESPONDENT(S):-------------- 1. ADDITIONAL COMMISSIONER OF INCOME TAX RANGE - I, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD KOCHI - 682 018.ADDL.R22.THE COMMISSIONER OF INCOME TAX (APPEALS) II, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, KOCHI-682 018(Impleaded as per order dated 14.12.2012 in I.A.16853/12) R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29569 of 2012 APPENDIX PETITIONER(S) EXHIBITS EXT.P-1TRUE COPY ASSESSMENT ORDER DATED 27-12-2011 ISSUED BY THE1ST RESPONDENT.1ST RESPONDENT. EXT.P-2TRUE COPY OF APPEAL DATED 27-1-2012 FILED BY THE PETITIONER.PETITIONER. EXT.P-3TRUE COPY OF LETTER DATED 9-1-2012 SUBMITTED TO THERESPONDENT.RESPONDENT. EXT.P-4TRUE COPY ORDER OF THE RESPONDENT DATED 14-11-12 EXT.P-5-TRUE COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.12.2012THE 2ND RESPONDENT DATED 12.12.2012 /true copy/ PA To Judge ANTONY DOMINIC, J ........................................ W.P.(C).29569/2012 .............................................. Dated this the 14[th] day of December, 2012 JUDGMENT Ext.P1 is the assessment order passedagainst the petitioner under the Income Tax Actconcerning the assessment year 2009-10.Aggrieved by this corder, petitioner filed Ext.P2appeal and Ext.P5 stay petition. Appeal and thestay petition are pending. In the meantime,their request for stay of the demand has beenrejected by Ext.P4. It is in thesecircumstances, apprehending further recoveryproceedings pursuant to Ext.P1, they have filedthis writ petition. 2.Heard the learned senior counsel appearingfor the petitioner and the learned StandingCounsel appearing for the respondents. 3.Taking note of the pendeny of Ext.P2 appealand Ext.P5 stay petition, I direct the additional 2[nd] respondent to consider the stay petition withnotice to the petitioner and pass ordersthereon. This the 2[nd] respondent shall do asexpeditiously as possible at any rate, withineight weeks of receipt of a copy of thisjudgment. It is directed that in the meanwhile,further proceedings pursuant to the recovery oftax due under Ext.P1, will stand stayed. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE mrcs /true copy/ sd/- P.A. To Judge