Wp(C)/5331/2020 Of Asokan Vasu v. The Assistant Commissioner Of Income Tax (Tds)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941 WP(C).No.5331 OF 2020(N) PETITIONER: ASOKAN VASUPRATHIBAS, NAVAYIKULAM-695 603 BY ADV. SMT.S.K.DEVI RESPONDENTS: 1THE INCOME TAX OFFICER (TDS)WARD NO. I, THIRUVANANTHAPURAM - 695 003 2THE COMMISSIONER OF INCOME TAX APPEALS,AAYAKAR BHAVAN, KOWADIAR, THIRUVANANTHAPURAM-695 003 BY SRI. JOS WINSON FOR SRI. CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 25th day of February 2020 Heard Adv. Sri. S.K.Devi for the petitioner and Sri. Jose Winson holding for Sri. Christopher Abraham,learned Standing Counsel takes notice for respondents. 2.The petitioner prays for the following reliefs:- "i)To issue a writ of certiorari to quash Ext.P1order or to issue writ of mandamus to thesecond respondent to pass orders in Ext.P2appeal.order or to issue writ of mandamus to thesecond respondent to pass orders in Ext.P2appeal. ii)To issue writ of certiorari to quash Ext.P3and P4 notices. iii)issue a writ of mandamus to the firstrespondent to call back the notices issued toseveral other banks for the dues of theassessment year 2012-13respondent to call back the notices issued toseveral other banks for the dues of theassessment year 2012-13 iv)To issue such other relief as this Hon'bleCourt may deem fit and proper in the factsand circumstances of the case.”Court may deem fit and proper in the factsand circumstances of the case.” 3. The petitioner now limits the prayer to direct the second respondent to consider and dispose of Ext.P2 appeal expeditiously. DCS 4.Adv. Sri. S.K. Devi, appearing for the petitioner prays for expeditious consideration anddisposal of Ext.P2 by the second respondent. 5. Sri. Jos Winson, learned Standing Counsel does not oppose the limited prayer. Hence, the writpetition stands disposed of by this judgment:- a) The second respondent considers and pass orders on Ext.P2 appeal within threemonths from the date of receipt of a copy ofthis judgment. b)Exts. P3 and P4 garnishee noticesare stayed for three months or till the appeal Exts. P3 and P4 garnishee notices is disposed of and copy of order iscommunicated to the petitioner whichever islater. SD/- S.V.BHATTI JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR AY 2012-13 DATED 22.03.2016 EXHIBIT P2EXHIBIT P3 TRUE COPY OF THE APPEAL DATED 18.05.2017 TRUE COPY OF GARNISHEE NOTICE DATED 04.02.2020 EXHIBIT P4 TRUE COPY OF GARNISHEE NOTICE DATED 04.02.2020 EXHIBIT P5 TRUE COPY OF STAY PETITION DATED 20.02.2020