Wp(C)/5120/2013 Of M/S. Eastern Financiers v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND DAY OF FEBRUARY 2013/3RD PHALGUNA 1934 WP(C).No. 5120 of 2013 (L) -------------------------------------- PETITIONER:------------------- M/S. EASTERN FINANCIERS,TOWN HALL JUNCTION,TEMPLE ROAD,HARIPPAD - 690 514,REPRESENTED BY ITS MANAGING PARTNER SMT. SUSAN DANIEL. BY ADV. SRI.S.ARUN RAJ. RESPONDENTS:----------------------- BY SRI.JOSE JOSEPH, S.C, (I.T).THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C). NO.5120/2013-L: APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: COPY OF THE ASSESSMENT ORDER DTD. 28/12/2009 PASSED BY THE R.1. FOR THE AY 2007-08.R.1. FOR THE AY 2007-08. EXT.P.2: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE R.2. FORTHE AY-2007-08. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J - - - - - - - - - - - - - - - - - W.P.(C).5120/2013 - - - - - - - - - - - Dated this the 22[nd] day of February, 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -JUDGMENT Heard the learned counsel for the petitioner and the learnedStanding Counsel appearing for the respondents. 2.Petitioner is an assessee under the Income Tax Act.Assessment for the year 2007-08 was completed as per Ext.P1.Challenging the assessment order, petitioner filed Ext.P2 appealwithout any application for stay. Appeal is still not heard and in themeanwhile, 1[st] respondent is initiating recovery proceedings. It iswith this allegation this writ petition is filed. In view of the pendency of Ext.P2 appeal, I dispose of thiswrit petition directing that the 2[nd] respondent shall pass ordersthereon, as expeditiously as possible. It is also directed thatsubject to the petitioner remitting 1/3[rd] of the tax due under Ext.P1within four weeks from today, recovery of the balance amount duewill stand stayed, pending disposal of the appeal. ANTONY DOMINIC,Judge