Kerala High Court
WP(C)/31470/2012 of M/S.SHELL INDIA MARKETS PRIVATE LTD Vs THE ASST.COMMISSIONER 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. 31470 of 2012 (G) --------------------------- PETITIONER(S): ---------------------------- M/S.SHELL INDIA MARKETS PRIVATE LTD., VYTTILA, ERNAKULAM,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934WP(C).No. 31470 of 2012 (G) --------------------------- PETITIONER(S):
----------------------------
M/S.SHELL INDIA MARKETS PRIVATE LTD., VYTTILA, ERNAKULAM, REPRESENTED BY ITS AUTHORISED SIGNATORY, RAM GOPAL.
BY ADVS.SMT.S.K.DEVI SRI.SANTHOSH P.ABRAHAM
RESPONDENT(S):
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1. THE ASST.COMMISSIONER, DEPT. OF COMMERCIAL TAXES SPECIAL CIRCLE II, ERNAKULAM, PIN:682 018. DEPT. OF COMMERCIAL TAXES SPECIAL CIRCLE II, ERNAKULAM, PIN:682 018.
2. THE DEPUTY COMMISSIONER (APPEALS), DEPT. OF COMMERCIAL TAXES, ERNAKULAM-682 015. DEPT. OF COMMERCIAL TAXES, ERNAKULAM-682 015.
3. THE INSPECTING ASST. COMMISSIONER,
DEPT. OF COMMERCIAL TAXES, ERNAKULAM-682 030.
R1 TO R3 BY SR GOVERNMENT PLEADER SRI.S.SUDHEESHKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)NO.31470/2012
PETITIONER'S EXHIBITS:
APPENDIX
P1COPY OF THE ASSESSMENT ORDER NO.320703348695/2010-11 DATED 17/11/2012 FOR THE YEAR 2010-11FOR THE YEAR 2010-11
P2COPY OF THE APPEAL AND GROUNDS FILED BEFORE THE 2ND RESPONDENT
P3COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT
P4COPY OF THE DEMAND NOTICE NO.A5-4262/12 DATED 21/12/2012
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.A.TO.JUDGE
ANTONY DOMINIC,J
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W.P.(C)No.31470 of 2012
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Dated this the 31[st] day of December, 2012
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JUDGMENT
Ext.P1 is the assessment order passed against the petitioner for the year 2010-2011. Aggrieved by this order,the petitioner filed Ext.P2 appeal along with Ext.P3 staypetition. The appeal and the stay petition are pendingconsideration of the second respondent. In the meanwhile,recovery proceedings have been initiated by Ext.P4. It istherefore, the writ petition is filed.
2. Since the appeal and the stay petition are pending consideration of the second respondent, I dispose of thiswrit petition directing the second respondent to pass orderson Ext.P3 stay petition. This shall be done as expeditiouslyas possible, at any rate, within four weeks from today. Inthe meanwhile, further proceedings pursuant to Ext.P4, willbe kept in abeyance.
W.P.(C)No.31470 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