Wp(C)/7976/2017 Of Shri.paul Vadakkumcherry v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 9TH DAY OF MARCH 2017/18TH PHALGUNA, 1938 WP(C).No. 7976 of 2017 (V) --------------------------- PETITIONER(S): ------------- SHRI.PAUL VADAKKUMCHERRY,KEY STONE VILLA, MALA P.O.,THRISSUR - 680 732. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SMT.VANDANA MENON SMT.DIVYA RAVINDRAN SMT.MERLIN MANSY RESPONDENT(S): -------------- 1.THE INCOME TAX OFFICER,WARD-2(3), RANGE - 2,THRISSUR - 680 001. 2.THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAWAN, S.T.NAGAR,THRISSUR - 680 001. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7976 of 2017 (V) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1 TRUE COPY OF THE ASSESSMENT ORDER DTD.30.12.2016 ALONG WITHTHE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT.THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT. P2 TRUE COPY OF THE MEMORANDUM OF APPEAL DTD.22.2.2017 FILEDBY THE PETITIONER BEFORE THE 2ND RESPONDENT.BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3 TRUE COPY OF THE STAY PETITION DTD.22.2.2017 FILED BY THEAPETITIONER BEFORE THE 2ND RESPONDENT.APETITIONER BEFORE THE 2ND RESPONDENT. P4TRUE COPY OF STAY APPLICATION DTD.14.2.2017 FILED BY THEPETITIONER BEFORE THE 1ST RESPONDENT.PETITIONER BEFORE THE 1ST RESPONDENT. P5TRUE COPY OF CIRCULAR F.NO.404/10/2009-ITCC DTD.1.12.2009ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES.ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES. RESPONDENT(S)' EXHIBITS ----------------------- NIL //TRUE COPY// Msv/ P.S.TO JUDGE K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 7976 of 2017 V - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 09[th] day of March, 2017 J U D G M E N T Ext.P1 is the assessment order passed against thepetitioner for the years 2014-15. Against this order,petitioner filed Ext.P2 appeal, which is accompanied byExt.P3 stay petition before the 2[nd] respondent. The appealand the stay petitions are pending before the 2[nd]respondent. In the meanwhile, it is alleged, coerciveproceedings have been threatened. It is in this context, thewrit petition has been filed. 2. In the above circumstances, it is directed that the appellate authority, the 2[nd] respondent herein, shalldispose of Ext.P3 stay application within a period of two WPC.No. 7976/2017 : 2 : months from today and the coercive proceedings be stayed until such orders are passed; which order shall determine the matter thereafter. 3. Petitioner shall produce a copy of this judgment before the 2[nd] respondent for compliance. Writ petition disposed of. jma Sd/- (K. VINOD CHANDRAN, JUDGE)//true copy// P.A to Judge