Wp(C)/7509/2013 Of P.k.prasad v. Deputy Commissioner Of Income Tax, Circle - Iv, Alleppey

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 18TH DAY OF MARCH 2013/27TH PHALGUNA 1934 WP(C).No. 7509 of 2013 (K) --------------------------- PETITIONER(S):-------------- P.K.PRASAD, PUNNACKAL HOUSE, AGED 48 YEARS THURAVOOR P.O., CHERTHALA - 688 532., ALAPUZHA (DT) BY ADV. SRI.P.SREEKUMAR RESPONDENT(S): ---------------- 1. COMMISSIONER OF INCOME TAX, CIRCLE - IV, OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS) KERALA BHAWAN, COCHIN - 682 016. 2. INCOME TAX OFFICER, WARD - 3, ALAPPUZHA - 688 011. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON18-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7509 of 2013 (K) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- EXHIBIT P1: A TRUE COPY OF ASSESSMENT ORDER DATED 16/01/2013EXHIBIT P2: A TRUE COPY OF MODIFIED ASSESSMENT ORDER DATED 22/02/2013EXHIBIT P3: A TRUE COPY OF THE APPEAL MEMORANDUM DATED 25/02/2013 ALONGWITH THE CHELLANEXHIBIT P4: A TRUE COPY OF NOTICE/ORDER DATED 08/03/2013 AND RECEIVEDBY THE PETITIONER ON 13/03/2013EXHIBIT P5: A TRUE COPY OF THE STAY PETITION ALONG WITH THE CHELLANDATED 13/03/2013 Rp //True Copy// PA to Judge ANTONY DOMINIC, J. ================ W.P.(C) NO. 7509 OF 2013 =================== Dated this the 18[th] day of March, 2013 J U D G M E N T Heard the learned counsel for the petitioner and the learnedstanding counsel appearing for the respondents. 2.Ext.P1 is an assessment order passed against the petitioner under the Income Tax Act for the year 2010-11. Thisorder was modified by Ext.P2. Challenging the orders, petitionerfiled Ext.P3 appeal and Ext.P5 stay petition. Now the petitionerhas been called upon to remit the tax due under Exts.P1 and P2.It is therefore this writ petition is filed. 3.Taking note of the pendency of Ext.P3 appeal before the 1[st] respondent, I dispose of this writ petition directing theappellate authority to pass orders on Ext.P3. This the appellateauthority shall do, as expeditiously as possible. In the meanwhile,recovery of the tax due under Exts.P1 and P2 will stand stayedsubject to the petitioner remitting 1/4[th] of the amount duethereunder. Remittance shall be made before 30/3/13. Petitioner will produce a copy of this judgment along with acopy of the writ petition before the appellate authority forcompliance. Sd/- Rp ANTONY DOMINIC, JUDGE