IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20370 of 2011(U) ---------------------------------------- PETITIONER(S): ----------------------- M/S.KARITHALA CHITS & FINANCE (P) LTD. 39/864, ANAND BAZAR, SOUTH RAILWAY STATION ROAD, KOCHI-682 016. BY ADV. SRI.ANIL D. NAIR SRI.J.R.PREM NAVAZ SMT.NIVEDITA A.KAMATH RESPONDENT(S): -------------------------- 1. THE INCOME TAX OFFICER, WARD NO.1(1), KOCHI.PIN-682 018 2. COMMISSIONER OF INCOME TAX (APPEALS), ERNAKULAM.PIN-682 018 R1 & R2 BY ADV.SRI.JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20370/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ASSESSMENT ORDER DATED 29/12/2010 FOR THE YEAR 2008-09 ISSUED TO THE PETITIONER. P2 COPY OF THE APPEAL FOR THE YEAR 2008-09 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. P3 COPY OF THE STAY PETITION FOR THE ASSESSMENT YEAR 2008-09 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P4 COPY OF THE NOTICE UNDER SECTION 221(12) OF THE INCOME TAX ACT DATED 25/5/2011 ISSUED TO THE PETITIONER. P5 COPY OF THE REPLY DATED 20/6/2011 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. P6 COPY OF THE REQUEST DATED 15/7/2011 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 20370 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th day of July, 2011. J U D G M E N T The petitioner challenges an order imposing penalty under the Income-tax Act. The petitioner has already filed Ext. P2 appeal against the same along with Ext. P3 stay petition. For the present, the petitioner would be satisfied with a direction to the appellate authority to consider the pass orders on Ext. P3 stay petition expeditiously. Having heard the learned standing counsel for the Income- tax Department also, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext. P3 stay application as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Till orders are passed on Ext. P3, coercive recovery proceedings for recovery of the amount disputed in Ext. P2 shall be kept in abeyance. Sd/- S. Siri Jagan, Judge. Tds/