Wp(C)/30994/2012 Of M/S. Asian Educational Consultancy v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH DAY OF DECEMBER 2012/29TH AGRAHAYANA 1934 WP(C).No. 30994 of 2012 (Y) --------------------------- PETITIONER(S): ------------- M/S. ASIAN EDUCATIONAL CONSULTANCY, SAS BUILDING, THONDANKULANGARA, ALAPPUZHA 688 013,REP. BY ITS MANAGING PARTNER,MR.NEYAS MOHEMMED BY ADVS.SRI.MATHEWS K.UTHUPPACHAN SRI.TOM THOMAS (KAKKUZHIYIL) RESPONDENT(S): -------------- 1.INCOME TAX OFFICER, WARD 1, A.N. PURM, ALAPPUZHA 688011 2.COMMISSIONER OF INCOME TAX, (APPEALS),KOCHI-682 018KOCHI-682 018 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXHIBITS P1-TRUE COPY OF THE ORDER DATED 31.12.08 OF THE 1ST RESPONDENT P2-TRUE COPY OF APPEAL DATED 20.1.09 FILED BY THE PETITIONER BEFORETHE 2ND RESPONDENT P3-TRUE COPY OF DEMAND NOTICE DATED 19.6.12 ISSUED BY THE 1STRESPONDENT P4-TRUE COPY OF STAY PETITION DATED 7.9.12 FILED BY THE PETTIONERBEFORE THE 2ND RESPONDENT /true copy/ sd/- P.A. To Judge ANTONY DOMINIC, J ........................................ W.P.(C).30994/2012 .............................................. Dated this the 20[th] day of December, 2012 JUDGMENT Heard the learned counsel for the petitionerand the learned Standing Counsel for therespondents. 2.Aggrieved by Ext.P1 order of assessment,petitioner filed Ext.P2 appeal before the 2[nd]respondent. Subsequently on receipt of Ext.P3demand notice, they also filed Ext.P4 staypetition. Orders have not been passed on thestay petition. In the meanwhile, recovery isbeing continued on the basis of Ext.P3. Hencethis writ petition. 3.As on date, appeal and stay petition arepending. Therefore, I direct the 2[nd] respondentto consider Ext.P4 stay petition filed by thepetitioner. This the 2[nd] respondent shall dowithin eight weeks of production of a copy of W.P.(C).30994/12 2 this judgment. In the meanwhile, furtherproceedings pursuant to Ext.P3 will standstayed. 4.Petitioner will produce a copy of thisjudgment along with a copy of the writ petitionbefore the 2[nd] respondent for compliance. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE mrcs /true copy/ sd/- P.A. To Judge