Wp(C)/6172/2015 Of The Malayala Manorama Co. Ltd v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 WP(C).No. 6172 of 2015 (V) -------------------------------------- PETITIONER(S): ----------------------- THE MALAYALA MANORAMA CO. LTD., K.K.ROAD, KOTTAYAM - 686 001, REPRESENTED BY ITS CHIEF EDITOR & MANAGING DIRECTOR SHRI.MAMMEN MATHEW. BY SRI.E.K.NANDAKUMAR, SENIOR ADVOCATE ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.RAMESH CHERIAN JOHN SRI.KURYAN THOMAS RESPONDENT(S): ------------------------- 1. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, SASTHRI ROAD, KOTTAYAM - 686 001. 2. THE COMMISSIONER OF INCOME TAX (APPEAL), SASTHRI ROAD, KOTTAYAM - 686 001. BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6172 of 2015 (V) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: -------------------------------------- EXT.P1: TRUE COPY OF THE STATEMENT OF COMPUTATION OF TOTAL INCOME TOGETHER WITH SCHEDULE 2 TO THE COMPUTATION CLAIMING DEPRECIATION AND ADDITIONAL DEPRECIATION. EXT.P2: TRUE COPY OF THE ORDER OF ASSESSMENT DATED 31.12.2014 PASSED BY 1ST RESPONDENT. 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE LETTER DTD.11.12.2014 ISSUED BY THE FIRST RESPONDENT. RESPONDENT. EXT.P4: TRUE COPY OF THE REPLY DTD.15.12.2014 FILED BY THE PETITIONER TO EXT.P3 LETTER. EXT.P3 LETTER. EXT.P5: TRUE COPY OF THE LETTER DTD.17.12.2014 ISSUED BY THE 1ST RESPONDENT. 1ST RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER DTD.23.12.2014 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT (WITHOUT ANNEXURES). THE 1ST RESPONDENT (WITHOUT ANNEXURES). EXT.P7: TRUE COPY OF THE TRIBUNAL ORDER DTD.25.7.2014 PASSED BY THE COCHIN BENCH OF THE APPELLATE TRIBUNAL. COCHIN BENCH OF THE APPELLATE TRIBUNAL. EXT.P8: TRUE COPY OF THE FORM OF APPEAL, STATEMENT OF FACTS AND GROUNDS OF APPEAL DATED 29.1.2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT (WWITHOUT ANNEXURES). GROUNDS OF APPEAL DATED 29.1.2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT (WWITHOUT ANNEXURES). EXT.P9: TRUE COPY OF THE STAY PETITION DATED 9.2.2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P10: TRUE COPY OF THE STAY APPLICATION DATED 9.2.2015 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S220(6) OF THE ACT FOR STAY OF COLLECTION OF TAX. PETITIONER BEFORE THE 1ST RESPONDENT U/S220(6) OF THE ACT FOR STAY OF COLLECTION OF TAX. EXT.P11: TRUE COPY OF THE ORDER DTD.16.2.2015 PASSED BY THE 1ST RESPONDENT. 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS: ----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE K. VINOD CHANDRAN, J. ===================== W.P.(C) No.6172 of 2015 - V======================Dated this the 26[th] day of February, 2015 J U D G M E N T Ext.P2 is the assessment order passed against the petitioner for the year 2012-13. Against which, petitionerfiled Ext.P8 appeal, which is accompanied by Exts.P9 andP10 stay petitions before the 2[nd] respondent. Appeal andstay petitions are pending before the 2[nd] respondent. In themeanwhile, coercive proceedings have been initiated. It isin this context, the writ petition has been filed. 2. In the above circumstances, it is directed that the appellate authority, the 2[nd] respondent herein, shalldispose of Exts.P9 and P10 stay applications within a periodof two months from today and the coercive proceedings bestayed until such orders are passed, which order shalldetermine the matter thereafter. Writ petition disposed of. Sd/- K. VINOD CHANDRAN,JUDGE SB // true copy // P.A to Judge