Wp(C)/3553/2020 Of Abdul Latheef And Co v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 10TH DAY OF FEBRUARY 2020 / 21ST MAGHA, 1941WP(C).No.3553 OF 2020(T) PETITIONER: ABDUL LATHEEF AND CO.MAIN ROAD, OTTUPARA, WADAKKANCHERRY, THRISSUR-680590, REPRESENTED BY ITS MANAGING PARTNER, SHRI. MOHAMED FAZIL K.A. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.NISHA JOHNSRI.V.P.NARAYANAN RESPONDENTS: 1THE ASSISTANT COMMISSIONER OF INCOME TAXCIRCLE 2 (1), AAYAKAR BHAVAN, INCOME TAX OFFICE, SAKTHAN THAMPURAN NAGAR, THRISSUR-680001. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680001. ADV.SMT.THUSHARA JAMES, GOVT.PLEADERADV.SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON10.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 10th day of February 2020 Petitioner has approached this Court, within less than twelve working days, seeking a direction to the appellateauthority to dispose of the appeal and interim applicationpreferred against the assessment order issued by the firstrespondent. 2.Though this Court ought not to have interfered, but in the interest of justice, without expressing any opinion,this writ petition is disposed of with a direction to the secondrespondent to take a decision on Ext.P3 application for stayfiled along with Ext.P2 appeal in accordance with law, afteraffording an opportunity of hearing to the petitioner within aperiod of three months from the date of receipt of a copy ofthis judgment. SD/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 27.12.2019 FOR AY-2017-18 ALONG WITH DEMAND NOTICE PASSED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEALE-FILED DATED 15.1.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2017-18. EXHIBIT P3 TRUE COPY OF THE STAY PETITION DATED 10.1.2020 FILED BY THE PETITIONER FORAY-2017-18 BEFORE THE 2ND RESPONDENT.