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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 8TH DAY OF MARCH 2018 / 17TH PHALGUNA, 1939
WP(C).No. 7842 of 2018
PETITIONER(S)
CHIRAMEL KUNJAVOO CHAKKUNNY GEORGE,
SON OF CHAKKUNNY, CHIRAMAL KUNJAVOO HOUSE,
KIZHAKKUMPATTUKARA, EAST FORT P.O.,
THRISSUR, PIN-680 005.
BY ADVS.SRI.S.ANIL KUMAR (TRIVANDRUM)
SRI.M.RAJAGOPAL
RESPONDENT(S):
1. THE INCOME TAX OFFICER,
WARD 2(2), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX,
RANGE-2, AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680 001.
2. THE COMMISSIONER OF INCOME TAX(APPEALS),
AAYAKAR BHAVAN, S.T. NAGAR, THRISSUR-680 001.
BY ADV. SRI.JOSE JOSEPH, S.C
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08-03-2018, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
09/03/2018
WP(C).No. 7842 of 2018 (E)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 26-12-2017 ISSUED
BY THE 1ST RESPONDENT FOR THE YEAR 2015-16.
EXHIBIT P2 COPY OF APPEAL MEMORANDUM AGAINST EXT. P1
FILED BEFORE THE 2ND RESPONDENT.
EXHIBIT P3 COPY OF STAY PETITION FILED BEFORE THE 2ND
RESPONDENT ALONG WITH EXT.P2 APPEAL.
EXHIBIT P4 COPY OF ORDER DATED 24-02-2018 ISSUED BY THE 1ST
RESPONDENT.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
09/03/2018
A. MUHAMED MUSTAQUE, J.
------------------------------------
W.P. (C) No.7842 of 2018
------------------------------------
Dated this the 8th day of March, 2018
The petitioner, as against Ext.P1 assessment order under
the Income Tax Act, approached the 2nd respondent in appeal.
The petitioner also moved a stay application as per Ext.P3. In
fact, the petitioner moved the stay application before the
assessing authority. The assessing authority granted a stay on
condition that the petitioner should remit 20% of the pending
demand.
Taking note of the facts and circumstances of the case,
there shall be a direction to the 2nd respondent to dispose of
the stay application within a period of two months, after notice
to the petitioner. Considering the financial difficulty expressed
by the petitioner, the petitioner is permitted to pay 1/4th of the
amount demanded as per Ext.P4 on or before 20.03.2018. It
is made clear that the payment as above would depend upon
W.P.(C) No.7842/2018
2
the orders to be passed in the appeal.
This writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
smp
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