Wp(C)/4394/2016 Of Abdul Sleem K.e v. Income Tax Officer, Ward

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 5TH DAY OF FEBRUARY 2016/16TH MAGHA, 1937 WP(C).No. 4394 of 2016 (Y) --------------------------- PETITIONER(S): -------------------------- ABDUL SALEEM K.E., AL FAH MAHAL NORTH MASJID 144A, CHALAD, KANNUR-670 014. BY ADVS.SRI.P.RAGHUNATH, SRI.PREMJIT NAGENDRAN. RESPONDENT(S): ---------------------------- 1. INCOME TAX OFFICER, WARD-1, KANNUR-670 014. KANNUR-670 014. 2. TAX RECOVERY OFFICER, AYAKAR BHAVAN, CALICUT-673 005. AYAKAR BHAVAN, CALICUT-673 005. 3. COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, CALICUT-673 005. AYAKAR BHAVAN, CALICUT-673 005. BY ADV. SRI.K.M.V.PANDALAI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 4394 of 2016 (Y) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1COPY OF THE ASSESSMENT ORDER FOR 2008-09 DATED 18/03/2013. EXT.P2COPY OF THE APPEAL FILED AGAINST EXT.P1 ORDER. EXT.P3COPY OF THE APPLICATION FOR CONDONATION OF DELAY. EXT.P4COPY OF THE PETITION FILED ALONG WITH EXT.P2 APPEAL. EXT.P5COPY OF THE NOTICE DATED 15/01/2016. EXT.P6COPY OF THE LETTER DATED 27/01/2016. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE K. VINOD CHANDRAN, J. ===================== W.P.(C) No.4394 of 2016 - Y ======================Dated this the 05[th] day of February, 2016 J U D G M E N T Ext.P1 is the assessment order passed against thepetitioner for the year 2008-09. Against which, petitioner filedExt.P2 appeal, which is accompanied by Ext.P4 stay petitionand also Ext.P3 application to condone approximately 1000days' delay in filing appeal, before the 3[rd] respondent. Appealand stay petition are pending before the 3[rd] respondent. In themeanwhile, coercive proceedings have been initiated. It is inthis context, the writ petition has been filed. 2. In the above circumstances, it is directed that the appellate authority, the 3[rd] respondent herein, shall dispose ofExt.P4 application of stay and the condonation of delay (Ext.P3) W.P.(C) No.4394 of 2016 - Y simultaneously, within a period of one month from today and the coercive proceedings be stayed until such orders arepassed, which order shall determine the matter thereafter. Writ petition disposed of. Sd/- K. VINOD CHANDRAN, JUDGE SB/05/02/2016 // true copy //P.A to Judge.