Wp(C)/9343/2010 Of Rubfila International Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 9343 of 2010(P) ----------------------------------- PETITIONER(S): ---------------------- RUBFILA INTERNATIONAL LTD., NIDA, MENON PARA ROAD, KANJIKODE.P.O, PALAKKAD-678 621, REPRESENTED BY ITS ASSISTANT MANAGER M.SUDHESH. BY MR.M.PATHROSE MATTHAI, SENIOR ADVOCATE BY ADVS. MR.SAJI VARGHESE SMT.MARIAM MATHAI RESPONDENT(S): ----------------------- 1. THE INCOME TAX OFFICER (TDS), PALAKKAD RANGE, PALAKKAD. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-III, KERA BHAVAN, SRVHS ROAD, KOCHI-682 011. BY ADV. MR.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- ---------------------------- Dated this the 19[th] day of March, 2010. J U D G M E N T Being aggrieved of Exts.P2 and P2(a) assessment orders passed bythe first respondent in respect of assessment years 2007-08 and 2008-09, the petitioner has preferred Exts.P3 and P3(a) appeals before thesecond respondent, along with Exts.P5 and P5(a) petitions for stay, whichare pending consideration before the second respondent. The petitioneris constrained to approach this Court in view of Ext.P4 notice issued bythe first respondent, for realisation of the amount stated as due underExt.P1, without any regard to the pendency of the proceedings. 2.Heard the learned Government Pleader as well.3.Considering the facts and circumstances, the secondrespondent is directed to consider and pass appropriate orders onExts.P5 and P5(a) petitions for stay, in accordance with law, asexpeditiously as possible, at any rate within one month from the date ofreceipt of a copy of this judgment. It is made clear that, till appropriateorders are passed on Exts.P5 and P5(a) petitions for stay, all furtherproceedings pursuant to Ext.P4 shall be kept in abeyance. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENONJUDGE ab