Thrissur District Police ... vs Additional/ Joint/ Deputy/ ...

Citation : 2022 Latest Caselaw 6146 Ker
Judgement Date : 1 June, 2022

Kerala High Court
Thrissur District Police ... vs Additional/ Joint/ Deputy/ ... on 1 June, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                        WP(C) NO. 17720 OF 2022
PETITIONER/S:

          THRISSUR DISTRICT POLICE CO-OPERATIVE SOCIETY LTD
          ACP OFFICE THRISSUR P.O, THRISSUR, KERALA - 680001,
          REPRESENTED BY ITS SECRETARY SHEENA M.S.
          BY ADVS.
          ANIL D. NAIR
          TELMA RAJU
          P.K.BIJU
          EDATHARA VINEETA KRISHNAN


RESPONDENT/S:

    1     ADDITIONAL/ JOINT/ DEPUTY/ ASSISTANT COMMISSIONER OF
          INCOME TAX
          INCOME TAX OFFICER, NATIONAL FACELESS ASSESSMENT
          CENTRE, NEW DELHI - 110001.
    2     COMMISSIONER OF INCOME TAX (APPEALS),
          NATIONAL FACELESS APPEAL CENTRE, NEW DELHI - 110001.
          SRI. JOSE JOSEPH, SC.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17720 OF 2022                        2



                                   JUDGMENT

Aggrieved by Ext.P1 order of assessment relating to assessment year 2014-15, petitioner has preferred an appeal before the 2nd respondent, a copy of which is produced as Ext.P2. A petition for stay of proceedings pursuant to the assessment order has also been filed as Ext.P3. Petitioner apprehends coercive proceedings even before the petition for stay is considered. Hence, this writ petition.

2. Having considered the submissions of the counsel for the petitioner as well as the respondents, I am of the opinion that this writ petition itself can be disposed with a direction.

3. Accordingly, there will be a direction to the 2 nd respondent to consider and pass orders on Ext.P3 stay petition, within a period of two months from the date of receipt of a copy of this judgment. Till such a decision is taken, all coercive proceedings against the petitioner in respect of Ext.P1 shall be kept in abeyance.

The writ petition is disposed of as above sd/-

GOPINATH P.

JUDGE ajt WP(C) NO. 17720 OF 2022 3 APPENDIX OF WP(C) 17720/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ASSESSMENT ORDER DATED 26.03.2022 FOR THE ASSESSMENT YEAR 2014-15 ISSUED TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ACKNOWLEDGING THE FILED OF THE APPEAL BEFORE THE 2ND RESPONDENT.