Wp(C)/32116/2014 Of Jiby Mathew v. Deputy Commissioner Of Income Tax Central Circle

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 1ST DAY OF DECEMBER 2014/10TH AGRAHAYANA, 1936 WP(C).No. 32116 of 2014 (L) ------------------------------------------ PETITIONER(S) : ------------------------- JIBY MATHEW, AGED 36 YEARS, THATHARAMVELI, BIJU NIVAS, KUMARANALLOR P.O., KOTTAYAM - 686 016. BY ADVS.SRI.ANIL D. NAIR SRI.SREEJITH R.NAIR SMTSULEKHA BEEVI C.S. SMT.ROSIE ATHULYA JOSEPH SMT.SOUMYA PRAKASH RESPONDENT(S) : ---------------------------- 1. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTTAYAM - 686 001. KOTTAYAM - 686 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), COCHIN, ERNAKULAM - 682 018. BY ADV. SRI.JOSE JOSEPH, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. WP(C).No. 32116 of 2014 (L) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:TRUE COPY OF THE ASSESSMENT ORDER DATED 28/03/2013 FOR THE YEAR 2007 - 2008 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT.THE YEAR 2007 - 2008 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. EXHIBIT P2:TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT FOR THE A.Y 2007 - 2008.THE SECOND RESPONDENT FOR THE A.Y 2007 - 2008. EXHIBIT P3: TRUE COPY OF THE STAY PETITION FILED BEFORE THE SECOND RESPONDENT FOR THE A.Y.2007 - 2008.RESPONDENT FOR THE A.Y.2007 - 2008. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// Msd. P.A.TO JUDGE. P.R. RAMACHANDRA MENON, J. ======================== --------------------------------------------Dated this the 1[st] day of December, 2014 JUDGMENT Being aggrieved of Ext.P1 assessment order passed by the firstrespondent under the relevant provisions of the Income Tax Act, 1961,the petitioner has preferred Ext.P2 appeal, along with Ext.P3 petitionfor stay, which are pending consideration before the secondrespondent. The grievance of the petitioner is that, without any regardto the pendency of the above proceedings, the respondents areproceeding with coercive steps, which hence is sought to beintercepted by this Court. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the secondrespondent is directed to consider and pass appropriate orders onExt.P3 petition for stay, in accordance with law, as expeditiously aspossible, at any rate, within 'one month' from the date of receipt of acopy of this judgment. Coercive proceedings, if any, shall be kept inabeyance till such time. The petitioner shall produce a copy of this judgment along with acopy of this writ petition before the concerned respondent for furthersteps. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE.