IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 23037 of 2011(D) -------------------------- PETITIONER: ------------------ C.P.VASUDEVAN NAIR, “SREEPARAMESWARAM”, KUMARAPURAM, TRIVANDRUM, REP.BY POA HOLDER MS.DEEPA NAIR. BY ADV. SRI.T.M.SREEDHARAN, SENIOR ADVOCATE SMT.NISHA JOHN SRI.V.P.NARAYANAN RESPONDENT(S): ----------------------- 1. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, “DEVI KRIPA”, PALLIMUKKU, PETTAH P.O., TRIVANDRUM – 695 024. 2. THE COMMISSIONER OF INCOME TAX(APPEALS), 'AYAKAR BHAVAN', KAUDIAR, TRIVANDRUM – 695 003. BY STANDING COUNSEL SHRI JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO. 23037/11 PETITIONER'S EXTS: EXT.P1: COPY OF ASSESSMENT ORDER DT.31.12.09 OF THE ASSISTANT DIRECTOR OF INCOME TAX(INV.), TRIVANDRUM. EXT.P2: COPY OF MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT.NIL. EXT.P3: COPY OF ORDER DT.8.3.10 PASSED BY THE FIRST RESPONDENT. EXT.P4: COPY OF LETTER NO.AEKPP 3218D-CC-2/TVM/2010-11 FROM THE FIRST RESPONDENT DT.12.7.11. EXT.P5: COPY OF LETTER NO.AEKPP 3218D-CC-2/TVM/2010-11 FROM THE FIRST RESPONDENT DT.1.8.11. EXT.P6: COPY OF LETTER DT.29.7.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7: COPY OF LETTER DT.29.7.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P8: COPY OF STAY PETITOIN DT.17.8.11 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.23037 Of 2011 -------------------------------------------------- DATED THIS THE 24th DAY OF AUGUST, 2011 J U D G M E N T The petitioner is an assessee to income tax. It is pointed out that assessment proceedings were initiated against the petitioner pursuant to a search under Section 132 of the Income Tax Act on 11.10.2007. The dispute relates to sale of an item of immovable property by a registered sale deed for a consideration of Rs.6,94,65,000/-. The copy of the assessment order has been produced as Exhibit P1. 2. Various contentions have been raised by the petitioner herein. Exhibit P2 is the appeal filed by the petitioner before the 2nd respondent and Exhibit P8 is the stay petition. It is averred in the Writ Petition that the stay petition was posted for hearing today. The learned counsel submitted that it stands adjourned, since no hearing was conducted this day. 3. Heard the learned Standing Counsel for the Department. 4. It is submitted by the learned Standing Counsel for the W.P.(C)No.23037/11 -2- Department that the assessment is justified. 5. The learned counsel for the petitioner prayed that till the stay petition is heard and disposed of, further action may be kept in abeyance. 6. There will be a direction to the 2nd respondent to consider and pass orders on the stay petition Exhibit P8 within a period of one month and till then further action pursuant to Exhibit P1 will be kept in abeyance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn