Wp(C)/3781/2009 Of M/S. Mannarkkad Wines v. The Asst. Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 3781 of 2009(A) --------------------------------------------- PETITIONER(S): ---------------------- M/S. MANNARKKAD WINES, P.B. NO. 8, MANNARKAD, PALAKKAD DIST. REPRESENTED BY ITS PARTNER, SRI. P.K. SUDHEER. BY ADV. SRI.K.SRIKUMAR SRI.K.MANOJ CHANDRAN RESPONDENT(S): ------------------------- 1. THE INCOME TAX OFFICER, WARD II, PALAKKAD. 2. THE TAX RECOVERY OFFICER, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, PALAKKAD RANGE, AAYAKAR BHAVAN, ENGLISH CHURCH ROAD, PALAKKAD -14. 3. THE SETTLEMENT COMMISSION (I.T. & W.T.), ADDITIONAL BENCH, NO. 488/489, ANNA SALAI, NANDANAM, CHENNAI. BY SHRI JOSE JOSEPH, SC, IT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 3781 OF 2009 A -------------------------------------- Dated this the 5[th] February, 2009 JUDGMENT Petitioner had approached the Settlement Commission andit passed Ext.P4 order. Petitioner filed Ext.P6 seekingrectification. By Ext.P5, the petitioner is given intimation.Learned counsel for the petitioner submits that the rectificationpetition was heard and orders are awaited, and that furtherrecovery steps may not be taken. Shri Jose Joseph, learnedstanding counsel appearing for the Income Tax Department, onthe other hand, points out, with reference to the records, thatthere is no recovery proceedings as such taken. I reserve libertyto the petitioner to move, in case any coercive steps are takenwhile the matter is pending consideration before the SettlementCommission. The Writ Petition is disposed of as above. kbk. Sd/= K. M. JOSEPH, JUDGE // True Copy // PS to Judge