Wp(C)/8829/2009 Of K.u. Joseph v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 8829 of 2009(W) --------------------------------------------- PETITIONER(S): ---------------------- SHRI.K.U.JOSEPH, KALAPURAKKAL HOUSE, P.O.PAYYAVOOR,KANNUR DISTRICT. BY ADV. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN RESPONDENT(S): ------------------------- 1. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, KOZHIKODE. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-I, COCHIN. BY ADV. SHRI JOSE JOSEPH, SC, IT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009 ALONG WITH W.P.(C).NOS.8847/09A & 8848/09A, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NOS. 8829/09W, 8847/09A & 8848/09A -------------------------------------- Dated this the 24[th] March, 2009 JUDGMENT In all these cases, the petitioners challenge the Orderspassed by the Assessing Officer under Section 220 (6) of theIndian Income Tax Act, 1961. Petitioners have been calledupon to remit twenty per cent. I am not inclined to interferewith the said orders. But, the learned counsel for the petitionerspoints out that Appeals have been filed accompanied by staypetitions. The only relief which I propose to give is to direct theAppellate Authority to take up the stay petitions filed along withthe Appeals by the petitioners and to pass orders in accordancewith law. Accordingly, the Writ Petitions are disposed ofdirecting the second respondent in all these cases to considerand pass orders in accordance with law on the stay petitions WPC.8829,8847 & 8848/09 filed in the Appeals filed by the petitioners within a period often days from the date of production of a copy of this Judgment. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge