Wp(C)/7765/2012 Of The Plantation Corporation Of Kerala Ltd v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH DAY OF MARCH 2012/8TH CHAITHRA 1934 WP(C).No. 7765 of 2012 (U) --------------------------PETITIONER:----------- THE PLANTATION CORPORATION OF KERALA LTD., AGED 52 YEARS, MUTTAMBALAM P.O. KOTTAYAM 686004 REPRESENTED BY ITS MANAGING DIRECTOR MR.K.SUBAIRKHAN BY ADV. SRI.RAMESH CHERIAN JOHNRESPONDENTS:------------1. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, PUBLIC LIBRARY BUILDING, SASTHRI ROAD KOTTAYAM-6860012. THE COMMISSIONER OF INCOME TAX (APPEALS-IV), KERA BHAVAN,SRVHS ROAD,KOCHI-686 011 BY ADV.SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7765 of 2012 (U) -------------------------- APPENDIX PETITIONER'S EXHIBITS:- WP(C).No. 7765 of 2012 (U) -------------------------- RESPONDENTS' EXHIBITS :NIL // TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.7765 OF 2012(U) -------------------------------------------------- Dated this the 28[th] day of March, 2012 J U D G M E N T Petitioner is a Government Company. They are aggrievedby Exts.P7 and P13 assessment orders for the years 2004-05and 2005-06. Aggrieved by these assessment orders they havefiled Exts.P8 and P14 appeals accompanied by Exts.P11 andP17 stay petitions. Appeals and stay petitions are pendingbefore the 2[nd] respondent. In the meanwhile apprehendingrevenue recovery steps they have approached this court by filingthis writ petition. 2. I heard the standing counsel appearing for therespondent in this matter. Taking note of the pendency of theappeals and stay petitions before the 2[nd] respondent I direct the2[nd] respondent to pass orders on Exts.P11 and P17 staypetitions filed by the petitioner along with Exts.P8 and P14appeals. This the 2[nd] respondent shall do with notice to thepetitioner and as expeditiously as possible and at any rate within 8 weeks of production of a copy of the judgment. Writ Petition is disposed of as above. Petitioner may produce a copy of the judgment along with acopy of the writ petition before the first respondent forcompliance. In the meanwhile steps for recovery of tax dueunder the assessment orders will stand stayed vi/ (ANTONY DOMINIC) JUDGE