IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, 25TH DAY OF AUGUST 2014/3RD BHADRA, 1936 WP(C).No. 26925 of 2012 (M) PETITIONER : M/S. FCI OEN CONNECTORS LTD., XXIX/2089, TRIPUNITHURA ROAD, THYKOODAM, KOCHI 682019, REPRESENTED BY ITS DIRECTOR, MR. RAJAMANI. BY ADVS.SRI.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI RESPONDENTS : 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110004. 2. COMMISSIONER OF INCOME TAX (APPEALS) II, 6TH AND 7TH FLOOR, KERA BHAVAN, SRVHS ROAD, KOCHI-682011. 3. COMMISSIONER OF INCOME TAX, IS PRESS ROAD, C R BUILDING, KOCHI 682018. 4. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), I S PRESS ROAD, KOCHI-682018. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-08-2014, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No. 26925 of 2012 (M) APPENDIX PETITIONER S EXHIBITS : EXHIBIT P1- COPY OF ORDER OF TRANSFER PRICING OFFICER UNDER SECTION 92CA(3) OF INCOME TAX ACT DATED 31-10-2010 FOR YEAR 2008-09 ISSUED BY ADDITIONAL DIRECTOR OF INCORM TAX (TP-1 & INTERNATIONAL TAXATION) TO PETITIONER. EXHIBIT P2- COPY OF ASSESSMENT ORDER UNDER SECTION 143(3) READ WITH SECTION 144C OF INCOME TAX ACT, 1961 DATED 17-02-2012 ISSUED BY 4TH RESPONDENT TO PETITIONER. EXHIBIT P3- COPY OF APPEAL DATED 20-03-2012 FILED BY PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P4- COPY OF APPLICATION FOR STAY DATED 6-8-2012 FILED BY PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P5- COPY OF JUDGMENT DATED 21-08-2012 PASSED BY HON'BLE HIGH COURT OF KERALA IN WRIT PETITION (C) NO. 19683 OF 2012. EXHIBIT P5(a)- COPY OF CHELAN NO. 280 DATED 30-06-2012 FOR PAYMENT OF RS. 50,00,000/- OF PETITIONER TO 4TH RESPONDENT. EXHIBIT P6- COPY OF ORDER DATED 12-10-2012 PASSED BY 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL // True Copy // P.A. To Judge DSV/05/09 K. VINOD CHANDRAN, J. W.P.(C) No. 26925 of 2012 - M Dated this 25th day of August, 2014 JUDGMENT above Writ Petition has been filed against Ext.P6, conditional order passed in first appeal. While first appellate authority granted stay of further recovery on payment of 50% of amounts demanded, this Court by interim order dated 15.11.2012, directed payment of Rs.50,00,000/- and stayed recovery proceedings. submission of petitioner; in presence of learned Standing Counsel is that, amounts as directed by interim order was paid and same was recorded by this Court on 05.12.2012. 2. In such circumstance, there is admittedly no reason why Writ Petition should be kept pending. recovery would depend upon final orders passed in first appeal, interim order in which, was subject matter of above Writ Petition. With above direction, Writ Petition is closed. Sd/- K. VINOD CHANDRAN, JUDGE SB FCI Oen Connectors Ltd. v. Union of India / Commissioner of Income-tax (Appeals), II, Kochi / Commissioner of Income-tax, Kochi / Assistant Commissioner of Income-tax, Circle-1(1), Kochi