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High Court of KeralaWP(C)/20646/2015disposed of

K.T.Ali v. Commercial Tax Officer

2015-07-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 WP(C).No. 20646 of 2015 (E) ---------------------------- PETITIONER :

----------------------- K.T.ALI, KALLIYATHODI HOUSE, KONDOORKKARA, PARAPPURAM, PATTAMBI - 679 313.

BY ADV. SRI.K.ANAND RESPONDENT(S):

----------------------------

1. COMMERCIAL TAX OFFICER, COMMERCIAL TAX OFFICE, PATTAMBI, PALAKKAD - 679 313.

2. APPELLATE ASSISTANT COMMISSIONER (APPEALS), PALAKKAD - 678 001.

3. THE INSPECTING ASSISTANT COMMISSIONER, SALES TAX COMPLEX, DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD - 678 001.

BY SR GOVERNMENT PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 20646 of 2015 (E) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1TRUE COPY OF THE FINAL ASSESSMENT ORDER NO. 32091160792-C/2010-11 DATED 28/02/2014.

EXHIBIT-P1(A)- TRUE COPY OF THE DEMAND NOTICE DATED 28/02/2014. EXHIBIT-P2TRUE COPY OF THE FINAL ASSESSMENT ORDER NO. 32091160792-C/2011-12 SDATED 28/02/2014 EXHIBIT-P2(A)- TRUE COPY OF THE DEMAND NOTICE DATED 28/02/2014. EXHIBIT-P3TRUE COPY OF THE APPEAL FILED BY THE PETITIONER. EXHIBIT-P3(A)- TRUE COPY OF THE STAY PETITION EXHIBIT-P4TRUE COPY OF THE APPEAL FILED BY THE PETITIONER. EXHIBIT-P4(A)- TRUE COPY OF THE STAY PETITION EXHIBIT-P5TRUE COPY OF THE NOTICE NO. A2-4045/2014 DATED 15/06/2015. EXHIBIT-P6TRUE COPY OF THE NOTICE NO. A2-1394, 1395/2014 DATED 30/06/2015. RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 20646 of 2015 ------------------------------------------- Dated this the 8th day of July, 2015

J U D G M E N T

The petitioner has filed this writ petition challenging Exts.P1 & P2 assessment orders for the years 2010-11 & 201112 passed by the 1st respondent. The petitioner has preferred Exts.P3 & P4 appeals and Exts.P3(a) & P4(a) petitions for stay against the said order.

2.

Heard the learned counsel for the petitioner as well as the learned Government Pleader for the respondents. 3.

Considering the facts and circumstances of the case, this writ petition is disposed of directing the 2nd respondent to consider the stay petitions, after issuing notice to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. Till a final decision is taken as directed above, all the coercive proceedings pursuant to Exts.P5 & P6 shall be kept in abeyance.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

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