Wp(C)/8410/2019 Of Mamraji Nemchand Pareek v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940 WP(C).No.8410 of 2019 PETITIONER: MAMRAJI NEMCHAND PAREEK, AGED 43 YEARS,S/O.MAMRAJ, PROPRIETOR OF M/S.G.D.TRADERS, 41/909, GROUND FLOOR, PULLEPPADY ROAD, NEAR ST.MARRYS CHURCH,ERNAKULAM-682 018, REPRESENTED THROUGH POWER OF ATTORNEY HOLDER NISHANT JOSHI, AGED 29 YEARS, S/O.SHYAM LAL JOSHI, WARD NO.33, PARASHAR MARG, GOUSHALA BASS, CHURU.P.O., RAJASTHAN-331403, NOW RESIDING AT 41/909, GROUND FLOOR, PULLEPPADY ROAD, NEAR ST.MARRYS CHURCH, ERNAKULAM-682018. BY ADVS.SRI.P.A.AUGUSTIANSMT.CIMY VARGHESESMT.LINDA.M.J.SRI.M.A.BABY RESPONDENTS: 1INCOME TAX OFFICER, WARD 1(3), RANGE-1, NON CORPORATE, C.R.BUILDING, 3RD FLOOR, I.S.PRESS ROAD, COCHIN-682018. 2COMMISSIONER OF INCOME TAX (APPEALS),PANAMPILLY NAGAR, COCHIN-682036. G-51, PARAPILLY LANE, MANORAMA JUNCTION, GIRI NAGAR, SRI.CHRISTOPHER ABRAHAM, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T The petitioner, as against Ext.P4 assessment order, filed Ext.P5 appeal before the 2[nd] respondent. The petitioner also filed a stayapplication along with the appeal. Considering the facts and circumstances of the case, there shallbe a direction to the 2[nd] respondent to consider the stay applicationfiled by the petitioner within a period of two months, after issuingnotice to the petitioner. Till disposal of the stay application, allrecovery proceedings based on the assessment order shall be kept inabeyance. This writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE smp W.P.(C) No.8410/2019 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1TRUE COPY OF THE INCOME TAX RETURN FOR THE ASSESSMENT YEAR 2016-17.ASSESSMENT YEAR 2016-17. RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp