Wp(C)/7343/2020 Of Romy Rex v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 11TH DAY OF MARCH 2020 / 21ST PHALGUNA, 1941 WP(C).No.7343 OF 2020(P) PETITIONER/S: ROMY REXAGED 59 YEARSEXCEL KADAVIPARAMBIL, KUMBALANGI, ERNAKULAM-682 007. BY ADVS.SRI.A.KRISHNANSRI.R.UMASANKAR RESPONDENT/S: SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON11.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner has approached this Court, seeking a direction to the appellate authority to dispose of the appeal and interimapplication preferred against the assessment order issued by thesecond respondent - Commissioner of Income Tax (Appeals). 2.Learned Counsel for the income tax departmentsubmitted that appropriate decision on the application of staywould be taken by the authorities, if a time frame is fixed by thisCourt. 3.Though this Court ought not to have interfered, but inthe interest of justice, without expressing any opinion, this writpetition is disposed of with a direction to the second respondentto take a decision on Ext.P2(a) application for stay filed alongwith Ext.P2 appeal in accordance with law, after affording anopportunity of hearing to the petitioner within a period of threemonths from the date of receipt of a copy of this judgment. Till such time, if any proceedings contemplated pursuant to Ext.P1assessment order shall be kept in abeyance. Jm/ Sd/ AMIT RAWALJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 27.12.2019 PASSED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE APPEAL DATED 29.1.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P2 (A) TRUE COPY OF THE STAY PETITION DATED 31.1.2020 FILED IN EXT P2 APPEAL