M/S.Charter B.P.O Solutions Pvt.Ltd vs Income Tax Officer on 27 March, 2014

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Kerala High Court

M/S.Charter B.P.O Solutions Pvt.Ltd vs Income Tax Officer on 27 March, 2014

Bench: P.R.Ramachandra Menon

       

  

  

 
 
                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                 THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

               THURSDAY, THE 27TH DAY OF MARCH 2014/6TH CHAITHRA, 1936

                                 WP(C).No. 8844 of 2014 (E)
                                 --------------------------------------

PETITIONER:
-------------------

            M/S.CHARTER B.P.O SOLUTIONS PVT.LTD.,
            4TH FLOOR, S.D.F BUILDING, KUSUMAGIRI,
            KAKKANAD, KOCHI-682 030, REPRESENTED BY ITS DIRECTOR.


            BY ADVS.SRI.ANIL .D. NAIR,
                       SRI.R.SREEJITH,
                       SMT.C.S.SULEKHA BEEVI,
                       SMT.ROSIE ATHULYA JOSEPH.


RESPONDENTS:
-----------------------


        1. INCOME TAX OFFICER, WARD-1(1),
            KOCHI - 682 018.

        2. THE COMMISSIONER OF INCOME TAX (APPEALS)-II,
            COCHIN, ERNAKULAM - 682 018.


            BY SRI.JOSE JOSEPH, S.C.


            THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
            ON 27-03-2014, THE COURT ON THE SAME DAY DELIVERED THE
            FOLLOWING:


Prv.

W.P.(C).NO.8844/2014-E:


              APPENDIX


PETITIONER'S EXHIBITS:


P1 :   COPY OF THE ASSESSMENT ORDER DTD.30.1.2014 FOR THE YEAR 2011-12
       ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

P2 :   COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE
       2ND RESPONDENT.

P3 :   COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT.




RESPONDENTS' EXHIBITS: NIL.




                                            //TRUE COPY//




                                            P.A. TO JUDGE.

Prv.



             P.R.RAMACHANDRA MENON, J.
              ---------------------------------------
              W.P.(C) NO.8844 of 2014 (E)
              ----------------------------------------
         Dated this the 27th day of March, 2014

                          JUDGMENT

Against Ext.P1 assessment order passed by the first respondent, the petitioner has preferred Ext.P2 appeal along with Ext.P3 interlocutory application for stay, which are pending consideration before the second respondent.

2.The grievance of the petitioner is that, it is without any regard to the pendency of the proceedings as above, that the respondents are proceeding with the coercive steps, which hence is sought to be intercepted by this Court.

3.Heard the learned Government Pleader as well.

4.Considering the facts and circumstances, the second W.P.(C) NO.8844 of 2014 (E) 2 respondent is directed to consider and pass appropriate orders on Ext.P3 petition for stay, in accordance with law, as expeditiously as possible, at any rate within 'one month' from the date of receipt of a copy of this judgment. The coercive proceedings pursuant to Ext.P1, shall be kept in abeyance till such time.

5.Petitioner shall produce a copy of this judgment along with copy of the writ petition before the second respondent for further steps.

The writ petition is disposed of as above.

Sd/-

P.R.RAMACHANDRA MENON, JUDGE AMV/28/3/

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