Wp(C)/8687/2013 Of M/S.ptl Enterprises Ltd v. The Deputy Commissioner Of Income Tax

Kss IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH DAY OF MARCH 2013/6TH CHAITHRA 1935 WP(C).No. 8687 of 2013 (I) --------------------------- PETITIONER(S): -------------------------- M/S.PTL ENTERPRISES LTD.,6TH FLOOR, CHERUPUSHPAM BUILDINGS,SHANMUGHAM ROAD, KOCHI - 682 031,REPRESENTED BY ITS CHIEF FINANCIAL OFFICER,MR. A.N. LAKSHMANAN. BY SRI.JOSEPH KODIANTHARA,SENIOR ADVOCATE BY ADVS.SRI.V.ABRAHAM MARKOS SRI.TERRY V.JAMES SRI.ABRAHAM JOSEPH MARKOS RESPONDENT(S): ---------------------------- 1.THE DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE 4 (1), KOCHI - 682 018. 2.THE COMMISSIONER OF INCOME TAX (APPEALS),KOCHI - 682 018. R1 & R2 BY ADV. SRI. JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.8687/2013 I APPENDIX PETITIONER'S EXHIBITS: P1:COPY OF ASSESSMENT ORDER DTD. 21/03/2013 PASSED BY THE 1ST RESPONDENT FOR ASSESSMENT YEAR 2010-11.1ST RESPONDENT FOR ASSESSMENT YEAR 2010-11. P2:COPY OF DEMAND NOTICE DTD. 21/03/2013 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 156 OF THE INCOME TAX ACT, 1961.1ST RESPONDENT UNDER SECTION 156 OF THE INCOME TAX ACT, 1961. P3:COPY OF APPEAL DTD.25/03/2013 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.THE 2ND RESPONDENT. P4:COPY OF STAY PETITION DTD. 25/03/2013 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE ANTONY DOMINIC, J - - - - - - - - - - - - - - - - - W.P.(C).8687/2013 - - - - - - - - - - - Dated this the 27[th] day of March, 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT Heard the learned counsel for the petitioner and the learnedcounsel appearing for the respondents. 2.Petitioner is an assessee under the Income Tax Act and byExt.P1 order, assessment for the year 2010-11 was completedagainst them. This order was challenged by the petitioner by filingExt.P3 appeal along with Ext.P4 stay petition. Appeal and the staypetition are pending consideration of the 2[nd] respondent.Meanwhile, further action is apprehended on the basis of Ext.P2demand notice. It is therefore this writ petition is filed. 3.Having regard to the pendency of Ext.P3 statutory appeal, Idirect the 2[nd] respondent, the appellate authority, to pass ordersthereon. This shall be done as expeditiously as possible. In themeantime, petitioner shall remit 1/4[th] of the amount due underExt.P1 before 30.4.2013. Subject to such payment, recoveryproceedings pursuant to Exts.P1 and P2 will stand stayed, pendingdisposal of the appeal. Writ petition is disposed of as above. ANTONY DOMINIC,Judge mrcs