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High Court of KeralaWP(C)/24780/2015disposed of

N.A.Raju v. Assistant Commissioner Of Income Tax Officer Circle 2(1)

2015-08-133 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 WP(C).No. 24780 of 2015 (V) ---------------------------- PETITIONER:

------------------- N.A.RAJU, USHUS, NEDUMPARAMBIL HOSUE, PUNKUNNAM ROAD, PUNKUNNAM, THRISSUR-680 002.

BY ADVS.SRI.S.ARUN RAJ SMT.C.T.SUJA RESPONDENT(S):

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

1. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1), RANGE-2, THRISSUR-670 006.

2. THE COMMISSIONER OF INCOME TAX (APPEALS), OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), THRISSUR-673001.

BY SRI.K.M.V.PANDALAI, SC SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 24780 of 2015 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1:

TRUE COPY OF THE ASSESSMENT ORDER DATED 26.3.2015 PASSED BY THE IST RESPONDENT FOR THE AY 2009-10.

EXHIBIT P2:

TRUE COPY OF THE STATUTORY FIRST APPEAL FILED BEFORE THE 2ND RESPONDENT FOR THE AY 2009-10.

EXHIBIT P3:

TRUE COPY OF THE STAY PETITION FILED BY THE PETITIOENR BEFORE THE 2ND RESPONDENT FOR THE AY 2009-10. RESPONDENT(S)' EXHIBITS:

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

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 24780 of 2015 ------------------------------------------- Dated this the 13th day of August, 2015

J U D G M E N T

The petitioner has filed this writ petition challenging Ext.P1 assessment order for the years 2009-10 passed by the 1st respondent. The petitioner has preferred Ext.P2 appeal along with ExtP3 petition for stay against the said order. 2.

Heard both the sides.

3.

Considering the facts and circumstances of the case, this writ petition is disposed of directing the 2nd respondent to consider Ext.P3 after issuing notice to the petitioner, within a period of three 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 shall be kept in abeyance. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for further steps.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

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