Wp(C)/6944/2017 Of Kizhakkedathu Enterprises v. Agricultural Income Tax

PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 2ND DAY OF MARCH 2017/11TH PHALGUNA, 1938 WP(C).No. 6944 of 2017 (P) --------------------------- PETITIONER(S):------------- KIZHAKKEDATHU ENTERPRISES PAZHAVANGADY, RANNI, (REPRESENTED BY MG. PARTNER, JOMON PHILIP). BY ADVS.SRI.K.N.SREEKUMARAN SMT.V.P.SEENA DEVI RESPONDENT(S):-------------- 1. AGRICULTURAL INCOME TAX & COMMERCIAL TAX OFFICER, RANNI, PATHANAMTHITTA(DT). 2. DEPUTY COMMISSIONER (APPEALS)-II COMMERCIAL TAXES, KOLLAM. 3. KVAT TRIBUNAL, ADDL.BENCH, THIRUVANANTHAPURAM. (REPRESENTED BY ITS ASSISTANT SECRETARY). 4. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PATHANAMTHITTA. R1-4 BY GOVERNMENT PLEADER SRI. V.K. SHAMSUDDIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS-----------------------P1 TRUE COPY OF THE ASSESSMENT ORDER BEARING NO.32030966575 DATED 10.6.2013 FOR 2010-11 ISSUED BY THE 1ST RESPONDENTP2 TRUE COPY OF THE ASSESSMENT ORDER BEARING NO.32030966575 DATED 30.9.2015 FOR 2013-14 ISSUED BY THE 1ST RESPONDENTP3 TRUE COPY OF THE APPELLATE ORDER BEARING NO.KVATA(PTA) 109/13 DATED 3.10.2017 FOR THE YEAR 2010-11 ISSUED BY THE 2ND RESPONDENTP4 TRUE COPY OF THE APPELLATE ORDER BEARING NO.KVATA(PTA) 303/15 DATED 3.10.2017 FOR THE YEAR 2013-14 ISSUED BY THE 2ND RESPONDENTP5 TRUE COPY OF THE DEMAND DRAFT DATED 29.11.2013 FOR RS.2,69,871/- PRODUCED BY THE PETITIONERP6 TRUE COPY OF THE CHALLAN DATED 21.5.2015 FOR RS.3,80,000/- PRODUCED BY THE PETITIONERP7 TRUE COPY OF THE APPEAL FOR 2010-11 FILED BEFORE THE 3RD RESPONDENT ON 16.2.2017P7(A) TRUE COPY OF THE STAY PETITION FILED IN EXT.P7 APPEAL FILED BEFORE THE 3RD RESPONDENT ON 16.2.2017P7(B) TRUE COPY OF THE EARLY HEARING PETITION FILED IN EXT.P7 APPEAL FILED BEFORE THE 3RD RESPONDENT ON 16.02.2017P8 TRUE COPY OF THE APPEAL FOR 2013-14 FILED BEFORE THE 3RD RESPONDENT ON 16.2.2017P8(A) TRUE COPY OF THE STAY PETITION FILED IN EXT.P8 APPEAL FILED BEFORE THE 3RD RESPONDENT ON 16.2.2017P8(B) TRUE COPY OF THE EARLY HEARING PETITION FILED IN EXT.P8 APPEAL FILED BEFORE THE 3RD RESPONDENT ON 16.02.2017RESPONDENT(S)' EXHIBITS----------------------- NIL TRUE COPY P.S. TO JUDGE K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - -W.P(C) No. 6944 of 2017 P- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 02[nd] day of March, 2017 Exts.P1 and P2 are the assessment orders passed against the petitioner for the years 2010-11 and 2013-14.Against these orders, petitioner filed Exts.P7 and P8 appeals,which is accompanied by Exts.P7(a) and P8(a) stay petitionsbefore the 3[rd] respondent. The appeal and the stay petitions arepending before the 3[rd] respondent. In the meanwhile, it isalleged, coercive proceedings have been threatened. It is inthis context, the writ petition has been filed. 2. In the above circumstances, it is directed that the appellate authority, the 3[rd ] respondent herein, shall dispose of Exts.P7(a) and P8(a) stay applications within a period of twomonths from today and the coercive proceedings be stayed WPC.No.6944/2017 until such orders are passed; which order shall determine the matter thereafter. 3. Petitioner shall produce a copy of this judgment before the 3[rd] respondent for compliance. Writ petition disposed of. jma Sd/- (K. VINOD CHANDRAN, JUDGE)//true copy// P.A to Judge