Wp(C)/6631/2012 Of Ashraf.c.a v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH DAY OF MARCH 2012/26TH PHALGUNA 1933 WP(C).No. 6631 of 2012 (D) --------------------- ----------------- PETITIONER(S): ----------------------- ASHRAF.C.A. ALCANAL HOUSE, KARUMALLOOR, MANJALLY - 683 520. BY ADVS.SRI.ANIL D. NAIR SRI.PREM NAVAS SRI. NIVEDITA.A. KAMATH RESPONDENT(S): ----------- ---- -------- 1. THE INCOME TAX OFFICER WARD - 1, ALUVA- 683 101. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) ERNAKULAM 682 018. ERNAKULAM 682 018. BY ADV.SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6631/2012 APPENDIX PETITIONER(S) EXHIBITS EXT.P1:- COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2009-2010 DATED27.12.2011 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. EXT.P-2:- COPY OF THE STATUTORY APPEAL FILED BY THE PETITIONER BEFORE THE2ND RESPONDENT. EXT.P-3:- COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2NDRESPONDENT. EXT.P-4:- COPY OF THE NOTICE DATED 12.03.2012 ISSUED BY THE IST RESPONDENT TOTHE PETITIONER. RESPONDENTS' EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - -W.P.(C)No.6631 of 2012- - - - - - - - - - - - - - - - - - - - - - -Dated this the 16[th] day of March, 2012 J U D G M E N T Against Ext.P1 assessment order, the petitioner has filedExt.P2 appeal along with Ext.P3 stay petition. The petitioner’sgrievance in this writ petition is that while the stay petition ispending, revenue recovery proceedings have been initiated bythe 1[st] respondent to recover the tax disputed in the appeal.2.I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of thiswrit petition with a direction to the 2[nd] respondent appellateauthority to consider and pass orders on Ext.P3 stay petition, asexpeditiously as possible, at any rate, within one month from thedate of receipt of a copy of this judgment. Till orders are passedon Ext.P3 stay petition, coercive recovery of the tax disputed inExt.P2 appeal shall be kept in abeyance. shg/ Sd/- S. SIRI JAGAN JUDGE//True copy//P.A. TO JUDGE