Wp(C)/4250/2012 Of Kerala State Industrial Development Corporationm Ltd v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND DAY OF FEBRUARY 2012/3RD PHALGUNA 1933 WP(C).No. 4250 of 2012 (E) ---------------------------------------- PETITIONER: -------------------- KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD., KESTON ROAD, KOWDIYAR, THIRUVANANTHAPURAM - 695 003, REPRESENTED BY ITS COMPANY SECRETARY AND HEAD LEGAL BY ADVS. SRI.M.PATHROSE MATTHAI (SR.) SRI SAJI VARGHESE SRI.MARIAM MATTHAI RESPONDENTS: ------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS) THIRUVANANTHAPURAM - 695 003. THIRUVANANTHAPURAM - 695 003. 2. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -I (I) THIRUVANANTHAPURAM -695 003. BY SRI.JOSE JOSEPH, SC, INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: nk WP(C).No. 4250 of 2012 (E)- - - - - - - - - - - - - - - - - - - - - - APPENDIX========== PETITIONER'S EXHIBITS==================== P1COPY OF ASSESSMENT ORDER DATED 02-12-2011 FOR THEYEAR 2009-2010. YEAR 2009-2010. P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE1ST RESPONDENT DATED 10.01.2012.1ST RESPONDENT DATED 10.01.2012. P3COPY OF STAY PETITION FILED BY THE PETITIONER BEFORETHE 1ST RESPONDENT DATED 02.02.2012.THE 1ST RESPONDENT DATED 02.02.2012. P4COPY OF REQUEST FOR STAY REJECTED DATED 18.01.2012. P5COPY OF ASSESSMENT ORDER DATED 28.12.2011 FOR THEYEAR 2006-2007.YEAR 2006-2007. P6COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE1ST RESPONDENT DATED 10-01-2012.1ST RESPONDENT DATED 10-01-2012. P7COPY OF STAY PETITION FILED BY THE PETITIONER BEFORETHE 1ST RESPONDENT DATED 02-02-2012.THE 1ST RESPONDENT DATED 02-02-2012. P8COPY OF REQUEST FOR STAY REJECTED DATED 18.01.2012. RESPONDENTS' EXHIBITS: NIL====================== // TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J ....................................................... W.P.(C).4250/2012 .............................................. Dated this the 22[nd] day of February, 2012 JUDGMENT Exts.P1 and P5 are the assessment orders issued under theIncome Tax Act for the assessment years 2009-10 and 2006-07respectively. Against these orders, petitioner has filed Exts.P2and P6 appeals and Exts.P3 and P7 stay petitions. Appeals andstay petitions have not been considered so far and in themeanwhile, their request to defer recovery has been rejected byExt.P8. It is in these circumstances, apprehending recovery, thiswrit petition has been filed. 2.Heard the learned senior counsel appearing for thepetitioner and also the Standing Counsel appearing for therespondents. 3.Taking note of the pendency of appeals and stay petitionsmentioned above, this writ petition will stand disposed ofdirecting that the first respondent will consider and pass orderson Exts.P3 and P7 stay petitions. This shall be done within eightweeks and until orders are passed and communicated to the petitioner, recovery pursuant to Exts.P1 and P5 assessmentorders, will stand stayed. ANTONY DOMINIC,Judge mrcs /true copy/ P.A. To Judge