Wp(C)/30024/2018 Of K.k.builders v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY ,THE 13TH DAY OF SEPTEMBER 2018 / 22ND BHADRA, 1940WP(C).No. 30024 of 2018 PETITIONER/S: K.K.BUILDERS,PARTNER PERAVOOR, KANNUR-670673, REPRESENTED BY ITS MANAGING K.K.RADHAKRISHNAN BY ADV. SRI.RAJESH NAMBIAR OTHER PRESENT: JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC No.30024 of 2018 2 JUDGMENT The petitioner questioned Exts.P1 to P5 assessment orders before the secondrespondent. The petitioner has also filed Exts.P11 to P15 staypetitions in the Exts.P6 to P10 appeals. Ventilating his grievance that theauthorities are taking coercive steps before the appellate authority couldconsider the stay petitions, the petitioner has filed this writ petition. 2.Heard the learned counsel for the petitioner and the learnedGovernment Pleader. 3. I reckon the petitioner has exercised his statutory remedy of filing appeals. It appears that he has also filed stay petitions. Procedural fairnessdemands that the authorities may wait, before taking further steps, until theappellate authority decides on the stay petitions. Therefore, I dispose of the writ petition directing the respondentauthority to defer coercive steps until the secondrespondent considers thestay petitions. I also hope that the second respondent will dispose of thestay petitions expeditiously. Sd/- DAMA SESHADRI NAIDU APPENDIX PETITIONER'S/S EXHIBITS: WPC No.30024 of 2018 4 EXHIBIT P15 TRUE COPY OF THE STAY PETITION FILED IN EXT P10 APPEAL EXHIBIT P16TRUE COPY OF THE NOTICE OF DEMAND DATED 9.8.2018 FOR THE YEAR 2007-08 EXHIBIT P17 TRUE COPY OF THE NOTICE OF DEMAND DATED 9.8.2018 FOR THE YEAR 2009-10 EXHIBIT P18 TRUE COPY OF THE NOTICE OF DEMAND DATED 9.8.2018 FOR THE YEAR 2010-11 EXHIBIT P19 TRUE COPY OF THE NOTICE OF DEMAND DATED 9.8.2018 FOR THE YEAR 2011-12 EXHIBIT P20 TRUE COPY OF THE NOTICE OF DEMAND DATED 9.8.2018 FOR THE YEAR 2012-13 EXHIBIT P21 TRUE COPY OF THE REPLY DATED 16.8.2018 TO EXT P16 DEMAND NOTICE EXHIBIT P22 TRUE COPY OF THE PROCEEDINGS DATED 28/08/2018 OF THE 4TH RESPONDENT.