Wp(C)/4789/2012 Of M/S. N.j. Business Corporation v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 27TH DAY OF FEBRUARY 2012/8TH PHALGUNA 1933 WP(C).No. 4789 of 2012 (W) -------------------------- PETITIONER:----------- M/S. N.J. BUSINESS CORPORATION, STONE HOUSE, ALUVA, REPRESENTED BY ITS MANAGING PARTNER SRI.N.JEHANGIR. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SMT.NISHA JOHN SRI.V.P.NARAYANAN SMT.BOBY M.SEKHAR RESPONDENTS:------------ 1. JOINT COMMISSIONER OF INCOME TAX, ALUVA RANGE, ALUVA 683 101. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-II, COCHIN, KERALA BHAVAN, S.R.V ROAD, ERNAKULAM SOUTH, COCHIN 682 106. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON27-02-2012, ALONG WITH W.P. (C) NO. 4798/2012, THE COURT ON THE SAMEDAY DELIVERED THE FOLLOWING: DST APPENDIX PETITIONER'S EXHIBITS: RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE DST ANTONY DOMINIC, J ....................................................... W.P.(C)s.4789 & 4798/2012 ..............................................Dated this the 27[th] day of February, 2012 JUDGMENT In these writ petitions, petitioners were issued Ext.P1 ordersof assessment for the assessment year 2009-10. Aggrieved by thesame, they filed Ext.P2 appeals and Ext.P3 stay petitions beforethe second respondent, which are pending consideration. In themeanwhile, they made applications to the first respondent to deferrecovery and the same was rejected by Ext.P5 order produced inW.P.(C).4789/2012. However, insofar as the petitioner in W.P.(C).4798/2012 is concerned, no orders have been passed on hisapplication. It is in these circumstances, the writ petitions arefiled. 2.I heard the learned counsel appearing for the petitioners andalso the learned Standing Counsel appearing for the respondents. 3.As at present, the appeals and stay petitions are pendingconsideration of the second respondent, the Appellate authority.Therefore, I direct the second respondent to pass orders on thestay petitions referred to above. This shall be done as W.P.(C)s.4789 & 4798/12 2 expeditiously as possible, at any rate, within eight weeks fromtoday. In the meanwhile, proceedings for recovery of the tax dueunder Ext.P1 orders, shall be kept in abeyance. Writ petitions are disposed of as above. ANTONY DOMINIC,Judge mrcs