Wp(C)/6018/2012 Of Kerala State Electronics Development Corporation Ltd v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 12TH DAY OF MARCH 2012/22ND PHALGUNA 1933 WP(C).No. 6018 of 2012 (B) -------------------------------------- PETITIONER: ------------------- KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD., KELTRON HOUSE, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR MR.C.PRASSANNAKUMAR. BY SRI.JOSEPH MARKOSE, SENIOR ADVOCATE, ADVS.SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.BINU MATHEW, SRI.TERRY V.JAMES, SRI.B.J.JOHN PRAKASH, SRI.TOM THOMAS (KAKKUZHIYIL). RESPONDENTS: ------------------------ 1. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), THIRUVANANTHAPURAM-695 001. CIRCLE-1(1), THIRUVANANTHAPURAM-695 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM-695 011. THIRUVANANTHAPURAM-695 011. BY SRI.JOSE JOSEPH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.6018/2012-B: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1.A TRUE COPY OF ASSESSMENT ORDER DATED 28/12/2011 PASSED BY THE 1ST RESPONDENT.THE 1ST RESPONDENT. EXHIBIT P2.A TRUE COPY OF APPEAL DATED 9/1/2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. EXHIBIT P3.A TRUE COPY OF STAY PETITION DATED 9/1/2012 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P4.A TRUE COPY OF ORDER DATED 18/1/2012 PASSED BY THE 1ST RESPONDENT.RESPONDENT. EXHIBIT 5.A TRUE COPY OF STAY PETITION DATED 1/2/2012 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P6.A TRUE COPY OF STAY PETITION DATED 5/3/2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ================W.P.(C) NO. 6018 OF 2012 =================== Dated this the 12[th] day of March, 2012 J U D G M E N T Ext.P1 is an assessment order for the year 2009-10 issuedunder the Income Tax Act. Aggrieved by this order, petitioner hasfiled Ext.P2 appeal and Ext.P6 stay petition which are pendingconsideration of the 2[nd] respondent. By Ext.P4, the request of thepetitioner not to treat it as a defaulter has been rejected.Therefore, apprehending recovery proceedings, the writ petition isfiled. 2.I heard the learned senior counsel appearing for thepetitioner and also the standing counsel appearing for therespondents. 3.Thus, as at present the appeal and the stay petitionare pending consideration of the 2[nd] respondent. Therefore,without expressing anything on the merits, I direct the 2[nd]respondent to consider and pass orders on Ext.P3. This shall bedone as expeditiously as possible at any rate within three monthsof receipt of a copy of this judgment along with a copy of the writ petition. In the meantime, further proceedings pursuant to Ext.P1 for recovery of the tax due will stand stayed. Writ petition is disposed of as above. Rp ANTONY DOMINIC, JUDGE