Wp(C)/6441/2007 Of State Faming Corporation Of Kerala v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 8TH DAY OF DECEMBER 2014/17TH AGRAHAYANA, 1936 WP(C).No. 6441 of 2007 (P) --------------------------- PETITIONER : ---------------------- STATE FARMING CORPORATION OF KERALA LTD., FARM HOUSE, VETTITHITTA P.O., ALIMUKKU, PUNALUR, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS.SRI.K.SASIKUMAR SRI.S.ARAVIND SRI.S.SREEDUTT SRI.M.M.RAJEEVAN SRI.AJITH KRISHNAN RESPONDENT(S): ---------------------------- 1. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE I, KOLLAM. KOLLAM. 2. INCOME TAX APPELLATE TRIBUNAL, COCHIN, REPRESENTED BY ITS SECRETARY. BY SRI.JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).NO.6441/2007 APPENDIX PETITIONER'S EXHIBITS: P1COPY OF THE ASSESSMENT ORDER DATED 24/3/2006 ISSUED BY THE 1ST RESPONDENT.RESPONDENT. P2COPY OF THE NOTICE OF DEMAND DATED 22/12/2006 ISSUED BY THE 1ST RESPONDENT.RESPONDENT. P3COPY OF THE ORDER DATED 30/8/2006 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)INCOME TAX (APPEALS) P4COPY OF THE APPEAL DATED 13/12/2006 FILED BEFORE THE INCOME TAX APPELLATE TRIBUNAL, COCHIN AS APPEAL NO.ITA.NO.630/COCH/006.APPELLATE TRIBUNAL, COCHIN AS APPEAL NO.ITA.NO.630/COCH/006. P5COPY OF THE PETITION NO.SP.NO.8/COCH/07 DATED 8/2/2007. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE A.K.JAYASANKARAN NAMBIAR, J.------------------------------- W.P.(C).NO.6441 OF 2007 (P) -----------------------------------Dated this the 8[th] day of December, 2014 J U D G M E N T The writ petition was filed at a stage when the assessee,aggrieved by an order passed against it under the Income Tax Act,had preferred an appeal and stay petition before the Income TaxAppellate Tribunal. He approached this Court through the presentwrit petition when the Tribunal was seized of the stay petition, buthad not considered the same, and in the meanwhile, recovery stepswere initiated against the petitioner. By an order dated 27.2.2007,this Court had directed the petitioner to move the stay petition beforethe Appellate Tribunal, and thereafter, if necessary, move the writpetition. No further steps are seen taken by the petitioner after thesaid order dated 27.2.2007. In that view of the matter, the writpetition is dismissed as infructuous. prp A.K.JAYASANKARAN NAMBIAR JUDGE