Kerala High Court
WP(C)/31429/2012 of A.ASHRAF, Vs THE COMMERCIAL TAX OFFICER on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 31429 of 2012 (C) --------------------------- PETITIONER(S): ------------------------ A.ASHRAF, PROPRIETOR,M/S GOLDEN ALUMINIUM CENTRE,CONVENT ROAD,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 31429 of 2012 (C)
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PETITIONER(S):
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A.ASHRAF, PROPRIETOR,M/S GOLDEN ALUMINIUM CENTRE,CONVENT ROAD, ERNAKULAM.
BY ADVS.SRI.K.M.FIROZ
SMT.M.SHAJNA
RESPONDENT(S):
----------------------------
1. THE COMMERCIAL TAX OFFICER, THIRD CIRCLE,ERNAKULAM-682 015. THIRD CIRCLE,ERNAKULAM-682 015.
2. THE DEPUTY COMMISSIONER(APPEALS), COMMERCIAL TAXES,ERNAKULAM-682 015. COMMERCIAL TAXES,ERNAKULAM-682 015.
3. THE ASSISTANT COMMISSIONER(APPEALS), COMMERCIAL TAXES,ERNAKULAM-682 015. COMMERCIAL TAXES,ERNAKULAM-682 015.
4. INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES,KAKKANAD,KOCHI-30. DEPARTMENT OF COMMERCIAL TAXES,KAKKANAD,KOCHI-30.
R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.S.SUDHEESH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WPC.NO.31429/2012 C
APPENDIX
PETITIONER'S EXHIBITS:
P1:COPY OF THE ASSESSMENT ORDER FOR THE MONTH OF APRIL 2012-2013DTD. 20/10/2012 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.DTD. 20/10/2012 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.
P2:COPY OF THE ASSESSMENT ORDER FOR THE MONTH OF MAY 2012-2013DTD. 20/10/2012 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.DTD. 20/10/2012 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.
P3:COPY OF THE APPEAL PETITION FOR THE MONTH OF APRIL DTD.9/11/2012 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
P4:COPY OF THE APPEAL PETITION FOR THE MONTH OF MAY DTD. 9/11/2012 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
P5:COPY OF THE STAY PETITION DTD. 9/11/2012 FOR THE MONTH OF APRIL YEAR 2012-2013 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.YEAR 2012-2013 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
P6:COPY OF THE STAY PETITION DTD. 9/11/2012 FOR THE MONTH OF MAY FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
P7:COPY OF THE DEMAND NOTICE NO.A5-4249 DTD. 19/12/2012 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.BY THE FOURTH RESPONDENT TO THE PETITIONER.
P8:COPY OF THE DEMAND NOTICE NO.4250/2012 (VILLAGE) 19/12/2012 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.
RESPONDENT'S EXHIBITS:
N I L
/TRUE COPY/
P.A.TO JUDGE
ANTONY DOMINIC,J
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W.P.(C)No.31429 of 2012
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Dated this the 31[st] day of December, 2012
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JUDGMENT
Exts.P1 and P2 are the assessment orders passed against the petitioner for the months of April and May,2012-2013. Aggrieved by these orders, the petitioner filedExts.P3 and P4 appeals along with Exts.P5 and P6 staypetitions. The appeals and the stay petitions are pendingconsideration of the second respondent. In the meanwhile,recovery proceedings have been initiated by Exts.P7 andP8. It is therefore, the writ petition is filed.
2. Since the appeals and the stay petitions are pending consideration of the second respondent, I disposeof this writ petition directing the second respondent to passorders on Exts.P5 and P6 stay petitions. This shall be doneas expeditiously as possible, at any rate, within four weeksfrom today. In the meanwhile, further proceedingspursuant to Exts.P7 and P8, will be kept in abeyance.
W.P.(C).No.31429 of 2012
: 2 :
The petitioner will produce a copy of this judgmentand the writ petition before the second respondent forcompliance.
Writ petition is disposed of as above.
ln
Sd/-
ANTONY DOMINIC, JUDGE