Wp(C)/29878/2012 Of M/S.konthiyaparampil Coir & Rubber Products v. Income Tax Officer

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. 29878 of 2012 (H) --------------------------- PETITIONER(S): -------------------------- M/S.KONTHIYAPARAMPIL COIR & RUBBER PRODUCTS, RAMANKARY, ALAPUZHA, REPRESENTED BY ITS MANAGING PARTNER, JAIMOL ABY. BY ADVS.SRI.MATHEWS K.UTHUPPACHAN SRI.TOM THOMAS (KAKKUZHIYIL) RESPONDENT(S): ---------------------------- 1. INCOME TAX OFFICER, WARD 2, A.N.PURAM, ALAPPUZHA,PIN-688 011. 2. COMMISSIONER INCOME OF TAX (APPEALS), KOCHI, PIN-682 018. KOCHI, PIN-682 018. R1 & R2 BY ADV. 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: sts WP(C)NO.29878/2012 APPENDIX PETITIONER'S EXHIBITS: P1COPY OF THE ORDER DATED 22/12/2011 OF THE 1ST RESPONDENT. P2COPY OF THE APPEAL DATED 25/01/2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.THE 2ND RESPONDENT. P3COPY OF THE STAY PETITION DATED 25/01/2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENTBEFORE THE 2ND RESPONDENT P4COPY OF THE DEMAND NOTICE DATED 16/11/2012 ISSUED BY THE 1ST RESPONDENT.RESPONDENT. P5COPY OF THE COUNTERFOIL DATED 30/07/2012 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE ANTONY DOMINIC, J. ====================W.P.(C). No. 29878 of 2012====================Dated this the 14[th] day of December 2012 JUDGMENT Ext.P1 is an order of assessment passed against thepetitioner for the assessment year 2006-07. Aggrieved by this order,petitioner filed Ext.P2 appeal which is pending consideration of thesecond respondent. Along with the appeal they also filed Ext.P3 staypetition. While the appeal and the stay petition are pending, Ext.P4demand notice has been issued for recovering the tax due underExt.P1. It is in these circumstances, the writ petition is filed. 2. I have heard the learned counsel for the petitioner andthe learned standing counsel appearing for the respondents. 3. Taking note of the pendency of the appeal and the staypetition, I direct the second respondent, the appellate authority toconsider and pass orders on Ext.P3 stay petition. This, the secondrespondent shall do as expeditiously as possible, at any rate, withineight weeks of receipt of a copy of this judgment. It is directed that inthe meanwhile, further proceedings pursuant to Ext.P1 and Ext.P4will stand stayed. Sd/- ANTONY DOMINIC JUDGE kvr/ /True copy/ P.A. to Judge