IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8617 of 2009(V)
1. M/S. PAYYAVOOR CRUSHERS
... Petitioner
Vs
1. THE ASST. COMMISSIONER OF INCOME TAX
... Respondent
For Petitioner :SRI.T.M.SREEDHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :18/03/2009
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 8617 OF 2009 V
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Dated this the 18th March, 2009
JUDGMENT
I heard Shri T. M. Sreedharan, learned counsel appearing
for the petitioner and the learned standing counsel appearing on
behalf of the Income Tax Department. Petitioner challenges
Ext.P7 and seeks a direction to restrain the first respondent from
recovering any amount. Ext.P7 is an order passed by the
Assessing Authority under Section 220 of the Income Tax Act.
Petitioner is called upon to pay twenty per cent of the amount. It
is pointed out that the petitioner has applied for stay in all the
Appeals before the second respondent. I feel that a decision can
be ordered to be taken on the applications for stay. Accordingly,
the Writ Petition is disposed of directing a decision to be taken
on the applications for stay by the second respondent in
accordance with law. In view of the fact that I am not granting
any interim order as such, the matter has to be heard urgently.
The petitioner or its Representative shall be present before the
WPC.8617/09 V 2
second respondent at 11 AM 23.3.2009 and the second
respondent will proceed to hear the petitioner and take a
decision in the matter in accordance with law. Needless to say,
this direction will hold good, if the Appeals and stay petitions
are in accordance with law.
Sd/=
K. M. JOSEPH, JUDGE
kbk.
// True Copy //
PS to Judge