High Court of KeralaWP(C)/20806/2015disposed of

M/S.Shan Traders v. Commercial Tax Officer

2015-07-10Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 WP(C).No. 20806 of 2015 (A) --------------------------------------- PETITIONER(S):

----------------------- M/S.SHAN TRADERS, PUDUNAGARAM, PALAKKAD, REP. BY PROPRIETOR J.HABEEBULLA.

BY ADVS.SRI.P.RAGHUNATH SRI.PREMJIT NAGENDRAN RESPONDENT(S):

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

1. COMMERCIAL TAX OFFICER, COMMERCIAL TAXES, CHITTUR - 678 011.

2. ASSISTANT COMMISSIONER (APPEALS), DEPT. OF COMMERCIAL TAXES, PALAKKAD - 678 014.

3. INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, CHITTUR - 678 011.

BY SENIOR GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 20806 of 2015 (A) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: PHOTOCOPY OF ASSESSMENT ORDER FOR 2012-13 DT.29.10.2014. EXT.P2: PHOTOCOPY OF APPEAL FILED AGAINST EXT.P1 ORDER. EXT.P3:PHOTOCOPY OF STAY PETITION FILED ALONG WITH EXT.P2 APPEAL. EXT.P4: PHOTOCOPY OF RR NOTICE DEMANDING PAYMENT DUE AS PER EXT.P1 ORDER.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C). No. 20806 of 2015 ------------------------------------------- Dated this the 10th day of July, 2015

J U D G M E N T

The petitioner has filed this writ petition challenging Ext.P1 assessment order for the year 2012-13 passed by the 1st respondent. The petitioner has preferred Ext.P2 appeal and Ext.P3 petition 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 petition for stay, 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 Ext.P4 shall be kept in abeyance.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.