High CourtsSingle Bench(2023) 05 KL CK 0257

Muslim Printing And Publishing Company (P) Ltd vs Assistant Commissioner Of Income Tax Central Circle 1

High Court Of Kerala · Decided on 30 May 2023

HON’BLE JUDGES
C.S Dias, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 17269 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 247 words

C.S.Dias, J

1.

The writ petition is filed to direct the second respondent to consider and dispose of Ext.P2 appeal and Ext.P5 stay petition, expeditiously.

2.

The petitioner’s case is that, the first respondent has passed Ext.P1 assessment order in the year 2017-2018. Aggrieved by Ext.P1, the petitioner has preferred Ext.P2 appeal before the second respondent as early as on 15.01.2020. The first respondent is threatening to enforce Ext.P1 order. The petitioner has filed Ext.P5 stay petition on 27.5.2023. The petitioner apprehends that before the consideration of Ext.P5, the respondents may enforce Ext.P1 order. Hence, the writ petition.

3.

Heard;Sri. Premjit Nagendranernakulam, the learned counsel appearing for the petitioner and Sri. Jose Joseph, the counsel appearing for the respondents.

4.

Having considered the fact that Exts.P5 stay petition is pending consideration before the second respondent, I deem it appropriate to dispose of the writ petition in the following manner:-

(i) The second respondent is directed to consider and dispose of Ext.P5 stay petition, in accordance with law and as expeditiously as possible, at any rate within a period of two months from the date of receipt of a certified copy of the judgment, after affording the petitioner an opportunity of being heard.

(ii) If the second respondent proposes to pass a conditional order of stay, he shall state the reasons for the same.

(iii) Until such time orders are passed on Ext.P5 stay petition, all further proceedings pursuant to Exts.P1 and P4 shall be kept in abeyance.