M/S.Oil Palm India Limited v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 --------------------------------------- PETITIONER:

------------------ M/S.OIL PALM INDIA LIMITED, XIV/130, KOTTAYAM SOUTH P.O., KODIMATHA, KOTTAYAM, 686013, REPRESENTED BY ITS MANAGING DIRECTOR, MR. K.N.RAVINDRAN.

BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.RAJA KANNAN RESPONDENTS:

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

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, KOTTAYAM-686001.

3. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOTTAYAM-686001.

BY GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1TRUE COPY OF THE JUDGMENT DATED 01-12-2011 ISSUED TO THE PETITIONER BY THE HONOURABLE HIGH COURT IN ITA N O. 382/2010. EXHIBIT P2TRUE COPY OF THE JUDGMENT DATED 03-01-2012 ISSUED TO THE PETITIONER BY THE HONOURABLE HIGH COURT IN WPC NO. 36862/2004.

EXHIBIT P3TRUE COPY OF THE ORDER DATED 20-09-2012 PASSED BY THE HONOURABLE HIGH COURT IN RP.NO., 692/2012 FILED BY THE ASST. COMMISSIONER OF INCOME TAX AND OTHERS IN WPC NO. 36862/2004.

EXHIBIT P4TRUE COPY OF THE JUDGMENT DATED 13-03-2013 ISSUED TO THE PETITIONER BY THE HONOURABLE HIGH COURT IN WPC NO. 6194/2013.

EXHIBIT P5TRUE COPY OF THE JUDGMENT DATED 03-7-2013 IN WRIT APPEAL FILED BY THE 1ST AND 2ND RESPONDENTS AGAINST THE PETITIONER PASSED BY THIS HONOURABLE COURT IN W.A.NO. 928/2013.

EXHIBIT P6TRUE COPY OF THE ORDER DATED 24-11-2014 IN SLP FILED BY THE 1ST AND 2ND RESPONDENTS PASSED BY THE HONOURABLE HIGH COURT IN S.L.P.(C)NO. 3802/2014.

EXHIBIT P7TRUE COPY OF THE MODIFIED ORDER OF ASSESSMENT DATD 13-012014 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT FOR THE YEAR 2008-09 UNDER THE AIT ACT.

EXHIBIT P8TRUE COPY OF THE APPEAL MEMORANDUM (WITHOUT ANNEXURES) DATED 29-01-2014 FILD BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P9TRUE COPY OF THE PETITIONER FOR URGENT HEARING DATED 19-09-2014 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P10- TRUE COPY OF THE LETTER DATED 22-09-2014 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P1O(A)- TRUE COPY OF THE LETTER DATED 09-01-2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P10(B)- TRUE COPY OF THE LETTER DATED 28-04-2015 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

.....2/-

..2..

---------------------------------------- EXHIBIT P11- TRUE COPY OF THE COMMON ORDER DATED 08-07-2014 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT PERTAINING TO THE YEARS 2005-06 TO 2007-08.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.21746 of 2015 ****************************************************************************** Dated this the 20th day of July, 2015

JUDGMENT

The petitioner have approached this Court seeking a direction to the 3rd respondent to consider and dispose of Ext.P8 appeal expeditiously. Ext.P8 appeal is filed against Ext.P7 modified order. Ext.P7 order was passed pursuant to the interference by this Court for the assessment year 2008-2009.

In view of the facts and circumstances, there shall be a direction to the 3rd respondent to consider Ext.P8 appeal after issuing notice to the petitioner within a period of six weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln