Wp(C)/8066/2012 Of M/S.cordiant Technologies Pvt.ltd v. The Income Tax Officer, Ward-I(1)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH DAY OF MARCH 2012/10TH CHAITHRA 1934 WP(C).No. 8066 of 2012 (G) -------------------------------------- PETITIONER(S): ------------------------ M/S.CORDIANT TECHNOLOGIES PVT.LTD., AGED 48 YEARS 28/2816 D, INDIRA NAGAR, KADAVANTHRA NEAR YMCA KOCHI-682020. BY ADVS.SRI.ANIL D. NAIR SRI.J.R.PREM NAVAZ SMT.NIVEDITA A.KAMATH RESPONDENT(S): ------------------------- 1. THE INCOME TAX OFFICER, WARD-I(1) KOCHI.682 001. KOCHI.682 001. 2. THE COMMISSIONER OF INCOME TAX(APPEALS) ERNAKULAM.682 016. ERNAKULAM.682 016. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P1:-TRUE COPY OF THE ASSESSMENT ORDER DATED 30-11-2011 ISSUED TO THEPETITIONER BY THE FIRST RESPONDENT. EXT.P2:-TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2NDRESPONDENT. EXT.P3:-TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THESECOND RESPONDENT. RESPONDENTS' EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - -W.P.(C)No.8066 of 2012 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of March, 2012 J U D G M E N T Against Ext.P1 assessment order, the petitioner has filed Ext.P2appeal along with Ext.P3 stay petition. The petitioner's grievance isthat during the pendency of the stay petition, coercive recoveryproceedings have been initiated by the assessing authority forrecovery of the disputed amount. 2.I have heard the learned Government Pleader also. 3.I am satisfied that before the appellate authority couldconsider and pass orders on Ext.P3 stay petition, it is unjust to initiatecoercive recovery proceedings for recovery of the amount disputed.Accordingly, this writ petition is disposed of with the followingdirections: The 2[nd] respondent shall consider and pass orders on Ext.P3 staypetition, as expeditiously as possible, at any rate, within one monthfrom the date of receipt of a certified copy of this judgment. Till ordersare passed on Ext.P3, coercive recovery proceedings for recovery ofthe disputed amount in Ext.P2 shall be kept in abeyance. Sd/- S. SIRI JAGAN JUDGE//True copy// P.A. TO JUDGE