IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 10256 of 2011(F) -------------------------- PETITIONER(S): --------------- TRANS ASIAN SHIPPING SERVICES (P)LTD., TRANS ASIA CORPORATE PARK, XIV/396-C, SEAPORT AIRPORT ROAD, CHITTETHUKARA, KAKKANAD, COCHIN-682 037, REPRESENTED BY ITS GROUP GENERAL MANAGER, MR.WILSON THOMAS. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.KURYAN THOMAS RESPONDENT(S): --------------- 1. THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, COCHIN-682 018. 2. THE DEPUTY COMMISSIOENR OF INCOME TAX, CIRCLE 4 (2), CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, COCHIN-682 018. 3. THE COMMISSIONER OF INCOME TAX (APPEALS) II, KERA BHAVAN, COCHIN-682 011. 4. THE BRANCH MANAGER, AXIS BANK LIMITED, KOCHI BRANCH, RAJAJI ROAD, ERNAKULAM, COCHIN-682 035. 5. THE BRANCH MANAGER, STATE BANK OF INDIA, KAKKANAD, ERNAKULAM, COCHIN-682 030. BY ADV.SRI.P.V.SURENDRANATH, SC FOR R4 SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/ C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.10256 of 2011 ------------------------------- Dated this the 4th day of April, 2011. J U D G M E N T This writ petition was originally filed challenging the recovery steps initiated during pendency of the appeals filed against assessments made under the Income Tax Act, with respect to the years 2005-06 and 2008-09. Grievance of the petitioner was that, pending disposal of the appeals and the applications seeking stay (Exts.P8 and P9), coercive steps of recovery were initiated and prohibitory orders were issued against operation of the bank accounts of the petitioner. 2. It is brought to notice of this Court that, the 2nd respondent had now issued an order dated 31.3.2011, granting stay of collection of balance amount of tax, on the premise that payment to the tune of Rs.3,00,00,000/- (Rupees three crores only) was already made. It is noticed that the stay was granted till 30.9.2011 or the disposal of the appeal, whichever is earlier. It is further mentioned that the stay will be reviewed after 30.9.2011, if the appeal is not 2 W.P.(C).No.10256 of 2011 disposed of. 3. In view of the order already issued by the 2nd respondent, learned counsel for the petitioner submitted that no further relief is required, at present. However, he made an appeal to this Court to issue a direction to the 3rd respondent for an early disposal of the appeals. 4. Needless to say that, the 3rd respondent shall take all earnest efforts to dispose of Exts.P3 and P4 appeals, at the earliest possible, at any rate before 30.9.2011, the date stipulated in the order of stay granted by the 2nd respondent. The writ petition is disposed of with the above directions. C.K.ABDUL REHIM, Judge ami/