High Court Kerala High Court

M/S.Ayillyam Constructions vs The Intelligence Officer (I.B) on 26 February, 2008

Kerala High Court
M/S.Ayillyam Constructions vs The Intelligence Officer (I.B) on 26 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6534 of 2008(C)


1. M/S.AYILLYAM CONSTRUCTIONS, AVOKKARAN
                      ...  Petitioner

                        Vs



1. THE INTELLIGENCE OFFICER (I.B)
                       ...       Respondent

2. THE DEPUTY COMMISSIONER (APPEALS)

3. THE INSPECTING ASST.COMMISSIONER,

4. THE COMMERCIAL TAX OFFICER

                For Petitioner  :DR.K.B.MUHAMED KUTTY (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :26/02/2008

 O R D E R
                          ANTONY DOMINIC, J.

                         ===============

                     W.P.(C) NO. 6534 OF 2008 C

                   ====================


            Dated this the 26th day of February, 2008


                              J U D G M E N T

Against Ext.P3 order levying penalty, petitioner filed Ext.P5

appeal along with Ext.P6 stay petition and Ext.P7 application for

condoning the delay. The appeals and other interlocutory

applications are pending consideration of the 2nd respondent.

Petitioner also submits that an early posting petition was moved

by the petitioner and it did not evoke any response. In the

meantime, as Ext.P4 demand notice has been issued, this writ

petition has been filed.

2. Taking into account the pendency of the appeal along

with the interlocutory applications, I dispose of this writ petition

directing that the 2nd respondent shall take up Ext.P7 application

for condonation of delay and consider the same with notice to the

petitioner and depending upon the order that is passed in the

application for condonation of delay, 2nd respondent shall also

WPC 6534/08

:2 :

consider Ext.P6 application for stay filed by the petitioner. This

process shall be completed by the 2nd respondent within four

weeks of production of a copy of this judgment. In the

meantime, all further proceedings pursuant to Ext.P4 shall be

kept in abeyance for a period of six weeks from today.

Petitioner shall produce a copy of this judgment before the

2nd respondent for compliance.

Writ petition is disposed of as above.

ANTONY DOMINIC,JUDGE.

Rp