M/S.Mangala Marine Exim India Private ... vs The Union Of India on 28 March, 2014

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Kerala High Court

M/S.Mangala Marine Exim India Private ... vs The Union Of India on 28 March, 2014

Bench: K.Vinod Chandran

       

  

  

 
 
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT:

               THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

         TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936

                       WP(C).No. 14594 of 2014 (Y)
                       ----------------------------

PETITIONER(S):
--------------

       M/S.MANGALA MARINE EXIM INDIA PRIVATE LIMITED,
       BHAT MEMORIAL BUILDING,
       THOPPUMPADY, KOCHI -682 005.

       BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
               SRI.P.GOPINATH
               SRI.P.BENNY THOMAS
               SRI.K.JOHN MATHAI
               SRI.JOSON MANAVALAN
               SRI.KURYAN THOMAS
               SRI.RAJA KANNAN

RESPONDENT(S):
-------------

       1. THE UNION OF INDIA,
           REPRESENTED BY THE SECRETARY,
           MINISTRY OF FINANACE (DEPARTMENT OF REVENUE),
           NORTH BLOCK, NEW DELHI - 110 001.

       2. THE DEPUTY COMMISSIONER OF INCOME - TAX,
           CIRCLE-1(2),
           KOCHI - 682 018.

       3. THE COMMISSIONER OF INCOME - TAX (APPEALS) II,
           SAN JUAN TOWERS,
           KOCHI - 682 018.

       BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION  ON
       10-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:




rvs/

WP(C).No. 14594 of 2014 (Y)



                                   APPENDIX

PETITIONER(S)' EXHIBITS :
------------------------

EXHIBIT P1 : TRUE COPY OF THE ASSESSMENT ORDER DATED 28.03.2014 PASSED BY
               THE 2ND RESPONDENT FOR THE AY 2011-12.

EXHIBIT P2 : TRUE     COPY  OF HTE  APPEAL  DATED  30.04.2014  FILED  BY THE
               PETITIONER BEFORE THE 3RD RESPONDENT (WITHOUT ANNEXURES).

EXHIBIT P3 : TRUE COPY OF THE STAY APPLICATION DATED 30.04.2014, FILED ALONG
               WITH EXHIBIT P2 APPEAL.


RESPONDENT(S)' EXHIBITS:
-----------------------

      NIL.


                                                    /true copy/



                                                    P.A.TO JUDGE

rvs/



            K.VINOD CHANDRAN, J
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            W.P.(C).No. 14594 of 2014
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               Dated 10th June, 2014
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                       JUDGMENT

Ext.P1 is the assessment order passed against the petitioner for the year 2011-12 against which the petitioner filed Ext.P2 appeal and Ext.P3 stay petition. During the pendency of appeal and stay petition before the 3rd respondent, coercive steps have been initiated against the petitioner. It is in this context, the writ petition is filed.

2. In the above circumstances, it is directed that the 3rd respondent shall consider Ext.P3 stay petition within a period of one month from today and in the meanwhile, coercive proceedings initiated shall be kept in abeyance until such orders WP(C).14594/14 2 are passed, which orders shall determine the matter thereafter.

Writ petition disposed of.

Sd/-

K.VINOD CHANDRAN, Judge Mrcs //True Copy//

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