Wp(C)/6246/2009 Of Kerala Financial Corporation v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 6246 of 2009(A) -------------------------------------------- PETITIONER(S): ---------------------- THE KERALA FINANCIAL CORPORATION (A CORPORATION INCORPORATED UNDER THE STATE FINANCIAL CORPORATIONS ACT) HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033, REPRESENTED BY ITS MANAGING DIRECTOR, DR.P.T.NANDAKUMAR. BY ADV. SRI.S.SREEKUMAR,SC,KERALA FINANCIAL COR RESPONDENT(S): ------------------------ 1. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-I (1) TRIVANDRUM. 2. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-1, TRIVANDRUM. 3. THE COMMISSIONER OF INCOME TAX THE OFFICE OF THE COMMISSIONER OF INCOME TAX AAYAKAR BHAWAN,KOWDIAR, TRIVANDRUM 695 003. 4. THE COMMISSIONER OF INCOME TAX (APPEALS) TRIVANDRUM. 5. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 (I), OFFICE OF ADDITIONAL COMMISSIONER OF INCOME TAX,RANGE 1, AAYANKAR BHAVAN, KOWDIAR TRIVANDRUM 695 003. 6. THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, KAKKANAD, COCHIN. BY ADV. SHRI JOSE JOSE, SC, IT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 6246 OF 2009 A -------------------------------------- Dated this the 26[th] February, 2009 JUDGMENT Petitioner challenges Ext.P6. Further prayer is to keep theproceedings pursuant to Ext.P1 relating to 2003 - 2004 inabeyance till the disposal of Exts.P3 and P4 Appeals. A furtherdirection is sought to consider Ext.P4 Appeal. 2. I heard Shri S. Sreekumar, learned counsel for thepetitioner and Shri Jose Joseph, learned standing counselappearing for the Income Tax Department. Petitioner challengesExt.P6 which is an order passed by the Commissioner of IncomeTax, noting that the pendency of Appeals cannot be a ground forgrant of stay. Petitioner was allowed to clear the amount ininstalments for various years in question. Shri Jose Joseph,learned standing counsel would submit that actually thepetitioner has not approached either the assessing authority orthe Appellate Authority before which the Appeals are pending.I see force in the said contention. Learned counsel for petitioner WPC.6246/09 A submits that the petitioner will approach the fourth respondentwithin a period of ten days from today. In such circumstances,the Writ Petition is disposed of as follows: If the petitioner approaches the fourth respondent by filing an appropriate application within ten days from today, the fourthrespondent will consider and take a decision thereon inaccordance with law, within two weeks from the date of filingthe application. Till such time as a decision is taken, furtherproceedings pursuant to Ext.P1 in relation to the year 2003 -2004 will be kept in abeyance. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge