IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, 3RD DAY OF APRIL 2017/13TH CHAITHRA, 1939 WP(C).No. 10913 of 2017 (L) PETITIONER(S):MALIYAKKAL AHAMMAD KUTTY HAJI, AGED 77 YEARS, S/O. MOIDEEN, MALIKYEKKAL AUDITORIUM, P.O. VENGARA, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADVS.SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON RESPONDENT(S): 1. COMMISSIONER OF INCOME TAX (APPEALS), CALICUT. 2. PRINCIPAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN NORTH BLOCK, MANANCHIRA, KOZHIKODE PIN-673 001. 3. ADDITIONAL COMMISSIONER OF INCOME TAX, TIRUR RANGE, TIRUR. 4. INCOME TAX OFFICER, WARD 3, TIRUR. BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-04-2017, COURT ON SAME DAY DELIVERED FOLLOWING: msv/ WP(C).No. 10913 of 2017 (L) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER PASSED BY 4TH RESPONDENT FOR YEAR 2007-2008 DATED 6.5.2015 EXHIBIT P2 TRUE COPY OF DEMAND NOTICE DATED 6.5.2015 ISSUED BY 4TH RESPONDENT DATED 6.5.2015 EXHIBIT P3 TRUE COPY OF APPEAL FILED BY PETITIONER BEFORE 1ST RESPONDENT DATED 28.5.2015 EXHIBIT P4 TRUE COPY OF ORDER PASSED BY 3RD RESPONDENT DATED 16.9.2015 (1 PAGE) EXHIBIT P5 TRUE COPY OF ORDER DT. 17.3.2017 ISSUED BY 2ND RESPONDENT RESPONDENT(S)' EXHIBITS -NIL //TRUE COPY// P.S.TO JUDGE Msv/ K. VINOD CHANDRAN, J.W.P.(C) No. 10913 of 2017 (L) Dated: 3rd April, 2017 JUDGMENT petitioner had filed appeal from assessment order which raised demand of more than Rs.1 crore. petitioner has paid about Rs.35 lakhs. Commissioner of Income Tax has directed, by Ext.P5, to pay further amount of Rs.10 lakhs. 2. Since appeal is already filed, as is evidenced from Ext.P3, Ext.P5 would stand set aside. recovery would be kept in abeyance till appeal is disposed of. writ petition is disposed of. Sd/- K.VINOD CHANDRAN, JUDGE jjj 3/4/17 Maliyakkal Ahammad Kutty Haji v. Commissioner of Income-tax (Appeals), Calicut / Principal Commissioner of Income-tax, Kozhikode / Additional Commissioner of Income-tax, Tirur Range, Tirur / Income-tax Officer, Ward 3, Tirur