Wp(C)/4889/2012 Of Rajmohanan K.pillai v. Income Tax Officer, Ward 2(4)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC TUESDAY, THE 28TH DAY OF FEBRUARY 2012/9TH PHALGUNA 1933WP(C).No. 4889 of 2012 (I) -------------------------- PETITIONER(S):------------------------- RAJMOHANAN K.PILLAI, ASST.SUB INSPECTOR OF POLICE POLICE,POLICE QUARTERS, G-13, VIKAS LANE, VIKAS BHAVAN P.O TRIVANDRUM- 33 BY ADVS.SRI.S.ARUN RAJ SRI.P.DANIEL RESPONDENT(S):--------------------------- 1. INCOME TAX OFFICER, WARD -2(4), TRIVANDRUM- 695 003 TRIVANDRUM- 695 003 2. COMMISSIONER OF INCOME TAX (APPEALS-1), AAYKAR BHAVAN, KAUDIAR, TRIVANDRUM -695 003 AAYKAR BHAVAN, KAUDIAR, TRIVANDRUM -695 003 3. THE TAX RECOVERY OFFICER, RANGE -1, AAYAKAR BHAVAN, KAUDIAR, RANGE -1, AAYAKAR BHAVAN, KAUDIAR, TRIVANDRUM- 695 003. 4. COMMISSIONER OF INCOME TAX, AAYKAR BHAVAN, KAUDIAR, TRIVANDRUM -695 003 BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.4889/2012 APPENDIX PETITIONER(S) EXHIBITS EXT.P1TRUE COPY OF THE ASSESSMENT ORDER DATED 29-12-2010 PASSED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2008-09 EXT.P2TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY 2008-092ND RESPONDENT FOR THE AY 2008-09 EXT.P3TRUE COPY OF THE NOTICE DATED 14-12-2011 UNDER SECTION 222 OR 223 ISSUED TO THE PETITIONER. EXT.P4TRUE COPY OF THE ORDER DATED 26-12-2011 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 281 B OF THE ACT ATTACHING THE IMMOVABLE PROPERTY OF THE PETITIONER. EXT.P5TRUE COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT FOR THE AY 2008-09 RESPONDENTS' EXHIBITS :NIL /TRUE COPY/ P.A.TO.JUDGE ANTONY DOMINIC,J ------------------------------------------ W.P.(C)No.4889 of 2012 ------------------------------------- Dated this the 28[th ] day of February, 2012 JUDGMENT Ext.P1 is an order of assessment issued against thepetitioner under the Income Tax Act for the assessment year2008-2009. Aggrieved by this order, the petitioner filed Ext.P2appeal and Ext.P5 stay petition, which are pending considerationof the second respondent. Meanwhile, his property has alsobeen attached under Ext.P4. It is in these circumstances,apprehending coercive action by the department, the writ petitionis filed. 2. I heard the counsel appearing for the petitioner and also the standing counsel appearing for the respondents. 3. Taking note of the pendency of the Ext.P2 appeal, the second respondent is directed to consider the same in accordancewith law and pass orders thereon. This shall be done asexpeditiously as possible, at any rate, within three months ofproduction of a copy of this judgment. In the meantime, further W.P.(C)No.4889 of 2012 2 proceedings pursuant to Ext.P1 will stand stayed subject to thecondition that the petitioner paying Rs.10 lakhs on or before25.03.2012. Writ petition is disposed of as above. ln ANTONY DOMINIC, JUDGE