Wp(C)/9736/2009 Of M/S.sreenilayam Transports v. Addl.commr.of Income Tax,Range I,Tvpm

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9736 of 2009(J) ------------------------------------ PETITIONER(S): ----------------------- M/S.SREENILAYAM TRANSPORTS, ATTINKUZHY, KAZHAKUTTAM P.O., THIRUVANANTHAPURAM, REP. BY THE MANAGING PARTNER, V.SATHYASEELAN. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): ------------------------- 1. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE I, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE I(2), THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF INCOME TAX(APPEALS), THIRUVANANTHAPURAM. BY STANDING COUNSEL SRI.JOSE JOSEPH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 9736 of 2009-J---------------------------------------------- Dated, this the 26[th] day of March, 2009 J U D G M E N T I heard learned counsel for the petitioner andlearned standing counsel. 2. Aggrieved by Ext.P1, petitioner has preferredappeal. It is stated that the appeal was heard on 23.1.2009and that the appeal is not posted thereafter. In the meantimepetitioner is served with Exts.P4, P6 and P7. Apparently, afterhearing the appeal on 23.1.2009, petitioner is faced withrecovery steps. In such circumstances, it is for the petitionerto move the authority. In order to facilitate the same, it isordered that proceedings pursuant to Exts.P4 and P6 will bekept in abeyance. It is ordered that there will be no recoverypursuant to Ext.P7 for two weeks from today. (K.M.JOSEPH) JUDGE.