High Court of KeralaWP(C)/24832/2015disposed of

M/S. Peravoor Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham v. Income Tax Officer

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. 24832 of 2015 (D) ---------------------------- PETITIONER :

---------------------- M/S. PERAVOOR RANGE KALLU CHETHU VYAVASAYA THOZHILALI SAHAKARANA SANGHAM PERAVOOR, THALASSERY, KANNUR - 670 673 REPRESENTED BY ITS SECRETARY RAJEEV V.K.

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

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

1. THE INCOME TAX OFFICER WARD 2, KANNUR RANGE, KANNUR - 670 006.

2. THE COMMISSIONER OF INCOME TAX (APPEALS) OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS) MANANCHIRA, CALICUT - 673 001.

R1 & R2 BY ADV. SRI.K.M.V.PANDALAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 24832 of 2015 (D) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1.

COPY OF THE ASSESSMENT ORDER DATED 21.3.14 PASSED BY THE IST RESPONDENT FOR THE AY 2011-12.

EXHIBIT P2.

COPY OF THE STATUTORY FIRST APPEAL FILED BEFORE THE 2ND RESPONDENT FOR THE AY 2011-12.

EXHIBIT P3.

COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 24832 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 year 2011-12 passed by the 1st respondent. The petitioner has preferred Ext.P2 appeal along with Ext.P3 petition for stay against the said order. 2.

Heard both the sides.

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.