Wp(C)/29944/2008 Of M/S.k.k.valsan & Co v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 29944 of 2008(M) -------------------------- PETITIONER(S): --------------- M/S.K.K. VALSAN AND CO., PP 1/380, KOYAKANDY HOUSE, PAYYOLI PANCHAYATH, IRINGAL.P.O, KOYILANDY, REPRESENTED BY ITS MANAGING PARTNER, K.K. VALSAN. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENT(S): --------------- 1. INCOME TAX OFFICER, WARD 2 (1), KOZHIKODE. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), THE INCOME TAX OFFICE, CALICUT. SRI.JOSE JOSEPH, SC FOR IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 29944 OF 2008 M ```````````````````````````````````````````````````` Dated this the 14[th] day of October, 2008 J U D G M E N T Aggrieved by the order of assessment, petitioner has preferred Ext.P3 appeal. There is a petition seekingcondonation of delay and an application for stay. 2.I heard learned counsel for the petitioner andlearned standing counsel appearing on behalf of therespondents Sri.Jose Joseph. Learned standing counselpoints out that a perusal of Ext.P5 would show that there is anorder permitting the petitioner to pay the due amount ininstalments of Rs.50,000/- per month. 3.Having considered the facts of the case, writpetition is disposed of as follows. There will be a direction to the 2[nd] respondent to take upExt.P4 and pass orders thereon in accordance with law. If thedelay is condoned, a decision shall be taken on Ext.P6 inaccordance with law within one month from the date of receipt WPC.29944/08 : 2 : of a copy of this judgment. Recovery proceedings will be keptin abeyance till a decision is so taken on condition that thepetitioner pays a sum of Rs.50,000/- (Rupees fifty thousandonly) within two weeks from today. aks Sd/-(K.M.JOSEPH, JUDGE) // TRUE COPY // P.A. TO JUDGE