Wp(C)/7767/2018 Of Dr.v.g. Suresh v. Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 8TH DAY OF MARCH 2018 / 17TH PHALGUNA, 1939 WP(C).No. 7767 of 2018 PETITIONER(S): DR.V.G. SURESH AGED 45 YEARS, S/O.GOPALAN, NO. 66, ARYA, S.N. PARK, POOTHOLE, THRISSUR 680004 BY ADVS.SRI.C.UNNIKRISHNAN (KOLLAM) SRI.JOHNSON GOMEZ RESPONDENT(S): 1. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, AYAKAR BHAVAN, S.T. NAGAR, THRISSUR 680001 2. THE COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, COCHIN 682011 AYAKAR BHAVAN, COCHIN 682011 3. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) COCHIN 682011 COCHIN 682011 4. THE CENTRAL BOARD OF DIRECT TAXES REPRESENTED BY ITS CHAIR PERSON, REPRESENTED BY ITS CHAIR PERSON, C-II/49, SATYA MARG, CHANAKYAPURI, NEW DELHI 110021 5. UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE/FINANCE, 128 A, NORTH BLOCK, NEW DELHI 110 001 R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX GOVERNMENT PLEADER SMT. M.M.JASMINE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDERS DATED 27.12.2017 FOR THE ASSESSMENT YEAR 2011-12 ISSUED BY THE 1ST RESPONDENTEXHIBIT P2 TRUE COPY OF THE ASSESSMENT ORDERS DATED 27.12.2017 FOR THE ASSESSMENT YEAR 2012-13 ISSUED BY THE 1ST RESPONDENTEXHIBIT P3 TRUE COPY OF THE ASSESSMENT ORDERS DATED 27.12.2017 FOR THE ASSESSMENT YEAR 2013-14 ISSUED BY THE 1ST RESPONDENTEXHIBIT P4 TRUE COPY OF THE ASSESSMENT ORDERS DATED 27.12.2017 FOR THE ASSESSMENT YEAR 2014-15 ISSUED BY THE 1ST RESPONDENTEXHIBIT P5 TRUE COPY OF THE ASSESSMENT ORDERS DATED 27.12.2017 FOR THE ASSESSMENT YEAR 2015-16 ISSUED BY THE 1ST RESPONDENTEXHIBIT P6 TRUE COPY OF THE APPEAL FILED ON 28.01.2018 ALONG WITH CHALLAN AGAINST THE ASSESSMENT ORDER OF 2011-12EXHIBIT P7 TRUE COPY OF THE APPEAL FILED ON 28.01.2018 ALONG WITH CHALLAN AGAINST THE ASSESSMENT ORDER OF 2012-13EXHIBIT P8 TRUE COPY OF THE APPEAL FILED ON 28.01.2018 ALONG WITH CHALLAN AGAINST THE ASSESSMENT ORDER OF 2013-14EXHIBIT P9 TRUE COPY OF THE APPEAL FILED ON 28.01.2018 ALONG WITH CHALLAN AGAINST THE ASSESSMENT ORDER OF 2014-15EXHIBIT P10 TRUE COPY OF THE APPEAL FILED ON 28.01.2018 ALONG WITH CHALLAN AGAINST THE ASSESSMENT ORDER OF 2015-16EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 09.02.2018 INITIATING PENALTY PROCEEDINGS U/S.221 BY THE 1ST RESPONDENTEXHIBIT P12 TRUE COPY OF THE APPLICATION FOR STAY DATED 26.02.2018 AGAINST ALL THE ASSESSMENT ORDERS PENDING BEFORE THE 2ND RESPONDENT EB //TRUE COPY// A. MUHAMED MUSTAQUE, J.----------------------------------------------- W.P. (C) No. 7767 of 2018 ----------------------------------------------- Dated this the 8[th] day of March, 2018 J U D G M E N T The petitioner as against Ext. P1 to P5 assessmentorders preferred an appeal before the 2[nd] respondent.Petitioner also filed a stay application. 2.There shall be a direction to the 2[nd] respondent to dispose ofthe stay application within 2 months. Till the disposal of theapplication, the recovery of proceedings pursuant toassessment order shall be kept in abeyance. The writ petition is disposed of as above. Sd/- A. MUHAMED MUSTAQUE JUDGE eb //TRUE COPY// PA TO JUDGE