Wp(C)/669/2012 Of Kerala Financial Corporation v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH DAY OF JANUARY 2012/28TH POUSHA 1933 WPC.No. 669 of 2012 (G) ----------------------- PETITIONER(S):------------- KERALA FINANCIAL CORPORATION REPRESENTED BY ITS CHIEF MANAGER, BRANCH OFFICE KALOOR, KOCHI-682017. BY ADV. SRI.K.JAJU BABU,SC,KERALA FINANCIAL COR RESPONDENT(S):-------------- 1. THE COMMISSIONER OF INCOME TAX AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695003. 2. THE JOINT COMMISSIONER OF INCOME TAX RANGE-1, 2ND FLOOR, AAYAKAR BHAVAN KOWDIAR, THIRUVANANTHAPURAM-695003. 3. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 (1) THIRUVANANTHAPURAM OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-1 AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695003. *ADDL.R4.COMMISSIONER OF INCOME TAX (APPEALS),THIRUVANANTHAPURAM 695003 (*ADDL.R4 IS IMPLEADED AS PER ORDER IN I.A.NO.870/2012 DATED 18/1/2012) R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON18-01-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: WPC NO.669/2012 APPENDIX PETITIONER'S EXHIBITS EXT.P1COPY OF THE ASSESSMENT ORDER DATED 31-12-2010 OF THE 2NDRESPONDENT. EXT.P2COPY OF THE ORDER DATED 6-6-2011 UNDER SECTION 156 OF THEINCOME TAX ACT, 1961 OF THE 3RD RESPONDENT. EXT.P3COPY OF THE LETTER NO. AABCK 1316M/ACIT/CIR-1(1)TVM/11-12DATED 21-10-2011 OF THE 3RD RESPONDENT TO THE PETITIONER. EXT.P4COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1STRESPONDENT UNDER SECTION 246A OF THE INCOME TAX ACT, 1961. EXT.P5COPY OF THE STAY PETITION FILED BY THE PETITIONER ALONG WITHEXT.P4. EXT.P6COPY OF THE ORDER C. NO. 701/J/CIT/12/2011-12 DATED 19-12-2011 OF THE 1ST RESPONDENT. EXT.P7COPY OF THE STAY APPLICATION DATED 2.11.11 FILED BY THEPETITIONER BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS),THIRUVANANTHAPURAM. //TRUE COPY// Rp P.A. TO JUDGE ANTONY DOMINIC, J.================W.P.(C) NO. 669 OF 2012 ===================== Dated this the 18[th] day of January, 2012 J U D G M E N T Heard the learned counsel for the petitioner and also thelearned standing counsel appearing for the respondents. 2.Ext.P1 is an order of assessment passed by the 2[nd]respondent for the assessment year 2008-09. Aggrieved by Ext.P1,petitioner filed Ext.P4 appeal and later Ext.P7 stay petition. Appealand the stay petition are pending consideration of the additional 4[th]respondent. In this writ petition, what is now sought for by thepetitioner is a direction to the additional 4[th] respondent toexpeditiously consider Ext.P7 stay petition. Having heard the learned counsel for both sides, the writpetition is disposed of directing the additional 4[th] respondent toconsider and pass orders on Ext.P7 with notice to the petitioner orits authorised representative, as expeditiously as possible, at anyrate within 8 weeks of production of a copy of this judgment alongwith a copy of the writ petition. It is also directed that until ordersare passed as above, proceedings for recovery of the amounts dueunder Ext.P1 shall be kept in abeyance. Rp Sd/- ANTONY DOMINIC, JUDGE