Wp(C)/798/2014 Of M/S.kadakkal Educational Trust v. The Income Tax Officer, Ward I

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 9TH DAY OF JANUARY 2014/19TH POUSHA, 1935 WP(C).No. 798 of 2014 (Y) -------------------------- PETITIONER(S)/PETITIONER: ----------------- M/S.KADAKKAL EDUCATIONAL TRUST PULLIPPARA P O, KADAKKAL, KOLLAM-695136 REP BY ITS MANAGING TRUSTEE, SHRI MOHAMMED RASHEED BY ADVS.SRI.T.M.SREEDHARAN (SR.) SMT.BOBY M.SEKHAR SMT.DIVYA RAVINDRAN RESPONDENT(S)/RESPONDENTS: ------------------ 1. THE INCOME TAX OFFICER, WARD I KOLLAM - 690 001 2. THE COMMISSIONER OF INCOME TAX(APPEALS) AAYAKAR BHAVAN, KOWDIAR, TRIVANDRUM-695003 3. INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, IST FLOOR, BLOCK C1 & II KENDRIYA BHAVAN, OPP.CESZ, KAKKANAD COCHIN-682037, REP. BY ASSISTANT REGISTRAR KENDRIYA BHAVAN, OPP.CESZ, KAKKANAD COCHIN-682037, REP. BY ASSISTANT REGISTRAR 4. THE ASSISTANT DIRECTOR OF INCOME TAX(EXEM) O/O.JOINT COMMISSIONER OF INCOME TAX RANGE 1, AAYAKAR BHAVAN, KAWDIAR THIRUVANANTHAPURAM-695003 RANGE 1, AAYAKAR BHAVAN, KAWDIAR THIRUVANANTHAPURAM-695003 R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 798 of 2014 (Y) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1:-TRUE COPY OF THE ASSESSMENT ORDER DTD 2012-2010 ISSUED BY THE IST RESPONDENT EXT.P2:-TRUE COPY OF THE APPELLATE ORDER IN ITA NO 47/TVM/10-11 DTD 5/12/2012 ISSUED BY THE 2ND RESPONDENT5/12/2012 ISSUED BY THE 2ND RESPONDENT EXT.P3:-TRUE COPY OF MEMORANDUM OF APPEAL DTD 4/2/2013 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENTTHE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P3(A):-TRUE COPY OF THE ORDER DTD 20/1/2011 ISSUED BY THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAMCOMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM EXT.P4:-TRUE COPY OF THE NOTICE NO 16/DR/AATK9085F/ADIT(EXMP)TVM/2013-14 DTD 3/12/2013 ISSUED BY THE 4TH RESPONDENTTVM/2013-14 DTD 3/12/2013 ISSUED BY THE 4TH RESPONDENT RESPONDENT(S)' EXHIBITS : NIL. ----------------------------- //TRUE COPY// P.S. TO JUDGE. The petitioner has filed Ext.P3 appeal againstExt.P2 appellate order. The petitioner is aggrieved byExt.P4 demand notice served on it during the pendencyof the appeal. 2. It is open to the petitioner to move anapplication for stay in Ext.P3 appeal within a periodof two weeks from today. Such petition shall be dealtwith by the third respondent with notice to thepetitioner within a period of six weeks. The coerciveproceedings pursuant to Ext.P4 notice in relation tothe assessment order 2007-2008 shall be put on holdtill orders are passed on the petition for stay asdirected above. 3. The petitioner shall produce a copy of the writ petition with the judgment before the thirdrespondent for compliance. The Writ Petition is disposed of. V.CHITAMBARESH, Judge. nj.