IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 29944 of 2008(M) -------------------------- PETITIONER(S): --------------- M/S.K.K. VALSAN AND CO., PP 1/380, KOYAKANDY HOUSE, PAYYOLI PANCHAYATH, IRINGAL.P.O, KOYILANDY, REPRESENTED BY ITS MANAGING PARTNER, K.K. VALSAN. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENT(S): --------------- 1. INCOME TAX OFFICER, WARD 2 (1), KOZHIKODE. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), THE INCOME TAX OFFICE, CALICUT. SRI.JOSE JOSEPH, SC FOR IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 29944 OF 2008 M ```````````````````````````````````````````````````` Dated this the 14th day of October, 2008 J U D G M E N T Aggrieved by the order of assessment, petitioner has preferred Ext.P3 appeal. There is a petition seeking condonation of delay and an application for stay. 2. I heard learned counsel for the petitioner and learned standing counsel appearing on behalf of the respondents Sri.Jose Joseph. Learned standing counsel points out that a perusal of Ext.P5 would show that there is an order permitting the petitioner to pay the due amount in instalments of Rs.50,000/- per month. 3. Having considered the facts of the case, writ petition is disposed of as follows. There will be a direction to the 2nd respondent to take up Ext.P4 and pass orders thereon in accordance with law. If the delay is condoned, a decision shall be taken on Ext.P6 in accordance with law within one month from the date of receipt WPC.29944/08 : 2 : of a copy of this judgment. Recovery proceedings will be kept in abeyance till a decision is so taken on condition that the petitioner pays a sum of Rs.50,000/- (Rupees fifty thousand only) within two weeks from today. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE