Wp(C)/5900/2020 Of Sreevalsam Gold And Diamonds Private Ltd v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941 WP(C).No.5900 OF 2020(J) PETITIONER/S: SREEVALSAM GOLD AND DIAMONDS PRIVATE LTDSREEVALSAM BUILDING, M.C. ROAD, PANDALAM, PATHANAMTHITTA-689501, REPRESENTED BY ITS DIRECTOR, SHRI. VARUN RAJ, BY ADVS.SRI.S.MUHAMMED HANEEFFSRI.M.H.ASIF ALI RESPONDENT/S: 1THE ASSISTANT COMMISSIONER OF INCOME TAXCENTRAL CIRCLE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM-691001. 2THE COMMISSIONER OF INCOME TAX(APPEALS)III28/243, POORNIMA, PANAMPILLY NAGAR, COCHIN-682036. SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON28.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 28th day of February 2020 The petitioner filed appeals in Exts.P3 and P4 aggrieved by theorders of assessment in Exts.P1 and P2 made under Income Tax Act,1961. The petitioner has filed the appeals with Exts.P5 and P6 staypetitions. The petitioner prays for appropriate direction to theappellate authority to consider and dispose of Exts.P5 and P6expeditiously. 2.The case of petitioner is that either the mere filing of appealor pendency of appeal does not amount to granting stay by theappellate authority. The delay in considering and disposing of Exts.P5and P6 results in the assessing officer taking steps for recovering thetax amount which is under challenge in Exts.P3 and P4. The assessingofficer, if is successful in his effort the statutory appeal would becomeeither academic or ineffective. It is further contended by the petitionerthat in the manner the law provides for protecting the interest ofappellant pending appeal, the orders on stay petitions are passed expeditiously. Hence the writ petition. 3.Perused Exts.P1, P2, P3, P4, P5 and P6. Prima facie I amsatisfied that a case is made out for issuing necessary directions to 2[nd]respondent to dispose of stay petitions in Exts.P5 and P6. Having regard to the limited prayer and the grounds referred toabove, this Court is satisfied that the writ petition can be disposed of bythis order: (a)The appellate authority/2nd respondent considers anddisposes of Exts.P5 and P6 application as early as possible,preferably within two months from the date of receipt of copyof this judgment. (b)The respondents are directed not to take coercive stepsor recover the amount determined in the orders under appealfor ten weeks from today. JS Sd/- S.V.BHATTI JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 28.12.2019 PASSED BY THE 1ST RESPONDENT FOR AY-2016-17 ALONG WITH DEMAND NOTICE AND COMPUTATION OF INCOME EXHIBIT P2 TRUE COPY OF THE ASSESSMENT ORDER DATED 28.12.2019 PASSED BY THE 1ST RESPONDENT FOR AY-2017-18 ALONG WITH DEMAND NOTICE AND COMPUTATION OF INCOME. EXHIBIT P3 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 21.01.2020 FOR 1Y-2016-17 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 21.01.2020 FOR AY-2017-18 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE STAY PETITION DATED 01.02.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2016-17. EXHIBIT P6 TRUE COPY OF THE STAY PETITION DATED 01.02.2010 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2017-18.