IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17597 OF 2022
PETITIONER/S:
PUZHAKKAL BLOCK MOTOR VEHICLE OWNERS MULTI PURPOSE
COOPERATIVE SOCIETY R 1340,
KOLAZHY PO, THRISSUR, KERALA- 680010 REPRESENTED BY ITS
SECRETARY MS. JULIAT JOHN THARAYIL.
BY ADVS.
ANIL D. NAIR
TELMA RAJU
P.K.BIJU
EDATHARA VINEETA KRISHNAN
RESPONDENT/S:
1 ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF
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
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17597 OF 2022 2
JUDGMENT
Aggrieved by Ext.P1 order of assessment relating to assessment year 2016-17, 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 2nd 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. 17597 OF 2022 3 APPENDIX OF WP(C) 17597/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ASSESSMENT ORDER DATED 25.03.2022 FOR THE ASSESSMENT YEAR 2016-17 ISSUED TO THE PETITIONER Exhibit P2 TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF STAY PETITION FILED BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ACKNOWLEDGING THE FILING OF THE APPEAL BEFORE THE 2ND RESPONDENT