Wp(C)/4184/2012 Of M/S.network Systems v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST DAY OF FEBRUARY 2012/2ND PHALGUNA 1933 WP(C).No. 4184 of 2012 (W) -------------------------- PETITIONER ---------- M/S.NETWORK SYSTEMS & TECHNOLOGIES PVT.LTD. A-3,PERIYAR,TECHNOPARK, KARYAVATTOM POST THIRUVANANTHAPURAM-695581 REPRESENTED BY ITS MANAGING DIRECTOR SHRI.N.JEHANGIR. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SMT.NISHA JOHN SRI.V.P.NARAYANAN SMT.BOBY M.SEKHAR RESPONDENTS ----------- 1. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1),THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF INCOME TAX(APPEALS), AYAKKAR BHAVAN,KOWDIAR, THIRUVANANTHAPURAM-695003. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MG APPENDIX PETITIONER'S EXHIBITS:- RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// PA TO JUDGE ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.4184 OF 2012(W) -------------------------------------------------- Dated this the 21[st] day of February, 2012 J U D G M E N T Aggrieved by Ext.P1 order of assessment and Ext.P3rectification order petitioner filed Ext.P4 appeal and Ext.P5 staypetition. They also made Ext.P6 application to the firstrespondent requesting to defer recovery proceedings which isseen rejected by Ext.P8. It is in these circumstances the writpetition has been filed. 2. As at present Exts.P4 appeal and Ext.P5 stay petitionare pending consideration of the 2[nd] respondent. Therefore Idirect the 2[nd] respondent to consider Ext.P5 stay petition filed bythe petitioner. This shall be done within 8 weeks from today andin the meanwhile further proceedings for recovering the amountdue under Ext.P1 and P3 will be kept in abeyance. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE WPC.No. /09