Muthoot Properties & Investments v. The Union of India / The ACIT, Circle-1, Thiruvalla / The Commissioner of Income-tax (Appeals),-I, Thiruvananthapuram / The Deputy Commissioner of Income-tax, Circle-I, Thiruvalla
[Citation -2015-LL-0407-34]

Citation 2015-LL-0407-34
Appellant Name Muthoot Properties & Investments
Respondent Name The Union of India / The ACIT, Circle-1, Thiruvalla / The Commissioner of Income-tax (Appeals),-I, Thiruvananthapuram / The Deputy Commissioner of Income-tax, Circle-I, Thiruvalla
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 07/04/2015
Assessment Year 2005-06
Judgment View Judgment
Keyword Tags stay of recovery
Bot Summary: RESPONDENT(S)' EXHIBITS: NIL //TRUE COPY// P.S.TO JUDGE Msv/ K. VINOD CHANDRAN, J. W.P.(C) No.11394 of 2015 - Y Dated this the 7th day of April, 2015 JUDGMENT The petitioner is aggrieved with the issuance of recovery proceedings after the appeal itself was heard finally and reserved for orders. I have heard the learned Standing Counsel for the Government of India also. The appeal is said to be finally heard and reserved for orders. The recovery shall be stayed till orders are passed in the appeal. If any further hearing is required, then the appellate authority has to consider the stay application first. In any event, the recovery proceedings will be kept in abeyance till an order is passed either in the stay application or in the appeal on merits, whichever is earlier. Needless to say a hearing on W.P.(C) No.11394 of 2015 - Y 2 the stay application shall only be conducted with proper notice to the assessee.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 11394 of 2015 (Y) PETITIONER(S): M/S.MUTHOOT PROPERTIES & INVESTMENTS, MUTHOOT BUILDINGS, KOZHENCHERRY - 689 641, REPRESENTED BY ITS MANAGING PARTNER, GEORGE ALEXANDER MUTHOOT. BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS RESPONDENT(S): 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI - 110 001. 2. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, THIRUVALLA - 689 101. 3. COMMISSIONER OF INCOME TAX (APPEALS)-I, KOWDIAR, THIRUVANANTHAPURAM - 695 003. 4. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-I, THIRUVALLA ENNIKKATTIL ESTATE, THIRUVALLA - 689 101. BY ADV. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, COURT ON SAME DAY DELIVERED FOLLOWING: msv/ WP(C).No. 11394 of 2015 (Y) APPENDIX PETITIONER(S)' EXHIBITS: - EXT.P1: TRUE COPY OF REVISED ASSESSMENT ORDER DTD.28.3.2013, PASSED BY 2ND RESPONDENT FOR A.Y.2005-06 UNDER INCOME TAX ACT, 1961. EXT.P2: TRUE COPY OF APPEAL MEMORANDUM DATED 22.4.2013, FILED BY PETITIONER BEFORE 3RD RESPONDENT. EXT.P3: TRUE COPY OF STAY APPLICATION DATED 9.1.2015, FILED BY PETITIONER BEFORE 3RD RESPONDENT. EXT.P4: TRUE COPY OF RECOVERY NOTICE DATED 17.3.2015, ISSUED BY 4TH RESPONDENT. EXT.P5: TRUE COPY OF REPLY DTD.20.3.2015, FILED BY PETITIONER BEFORE 4TH RESPONDENT. EXT.P6: TRUE COPY OF STATEMENT SHOWING AMOUNTS PAID BY PETITIONER FOR AY'S 2002-03, 2003-04 & 2005-06. RESPONDENT(S)' EXHIBITS: NIL //TRUE COPY// P.S.TO JUDGE Msv/ K. VINOD CHANDRAN, J. W.P.(C) No.11394 of 2015 - Y Dated this 7th day of April, 2015 JUDGMENT petitioner is aggrieved with issuance of recovery proceedings after appeal itself was heard finally and reserved for orders. 2. I have heard learned Standing Counsel for Government of India (Taxes) also. 3. appeal is said to be finally heard and reserved for orders. In such circumstance, recovery shall be stayed till orders are passed in appeal. If any further hearing is required, then appellate authority has to consider stay application first. In any event, recovery proceedings will be kept in abeyance till order is passed either in stay application or in appeal on merits, whichever is earlier. Needless to say hearing on W.P.(C) No.11394 of 2015 - Y 2 stay application shall only be conducted with proper notice to assessee. writ petition is disposed of. Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge Muthoot Properties & Investments v. Union of India / ACIT, Circle-1, Thiruvalla / Commissioner of Income-tax (Appeals),-I, Thiruvananthapuram / Deputy Commissioner of Income-tax, Circle-I, Thiruvalla
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