Dr. R. Padmakumar, No. 12, Ansal River Dale, Eroor, Thripunithura vs The Deputy Commissioner of Income Tax, Central Cirlce, Ernakulam-682018 and The Commissioner of Income Tax (Appeals), Ernakulam-682018

P.R. Ramachandra Menon

Exhibits P1 to P7 assessment orders passed by the first respondent in respect of the various assessment years 2004- 2005 to 2010-2011 have been subjected to challenge by filing Exts.P8 to P14 appeals, which are pending consideration before the second respondent. Meanwhile, the petitioner also filed a petition for stay, presumably u/s 220(6) of the Income Tax Act before the concerned authority. However, after considering the same Ext.P16 communication dated 28/06/2012 was issued to the petitioner, stating that the Commissioner of Income Tax Central has rejected the stay petition. This made the petitioner to approach this Court by filing the present writ petition. Heard the learned standing counsel for the respondents as well.

In the course of the hearing, the Learned Counsel for the petitioner submits that the petitioner has preferred a proper petition for stay before the second respondent as borne by Ext.P18, which has been produced along with I.A. No. 9912/2012. After hearing both the sides, this Court finds that the various points raised by the petitioner need not be dealt with at the hands of this Court and the writ petition is disposed of, directing the second respondent to consider Ext.P18 and pass appropriate orders, in accordance with law, at the earliest, at any rate, within one month from the date of receipt of a copy of this judgment. It is made clear that, ''status quo'' will continue till such time.

The writ petition is disposed of.