Kureeckal Joseph Paul v. Assistant Commissioner of Income-tax Circle-1(1), Non-Corp. Range -1, Kochi / Commissioner of Income-tax (Appeals), Kochi & Another
[Citation -2019-LL-0923-27]

Citation 2019-LL-0923-27
Appellant Name Kureeckal Joseph Paul
Respondent Name Assistant Commissioner of Income-tax Circle-1(1), Non-Corp. Range -1, Kochi / Commissioner of Income-tax (Appeals), Kochi & Another
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 23/09/2019
Judgment View Judgment
Keyword Tags stay petition • recovery of amount
Bot Summary: No.25092 OF 2019(J) 2 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, the petitioner has preferred Ext.P2 appeal together with Ext.P3 stay petition before the 2nd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P1 assessment order. I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions: 1. The 2nd respondent shall consider and pass reasoned orders on Ext.P3 stay petition within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. No.25092 OF 2019(J) 3 confirmed against the petitioner by Ext.P1 assessment order shall be kept in abeyance till such time as orders are passed by the 2 nd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2nd respondent, for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, 23RD DAY OF SEPTEMBER 2019 / 1ST ASWINA, 1941 WP(C).No.25092 OF 2019(J) PETITIONER: KUREECKAL JOSEPH PAUL KUREECKAL HOUSE, NEAR THRIKKAKARA TEMPLE, UNIVERSITY P. O., ERNAKULAM - 682022. BY ADVS. SRI.JOSEPH MARKOSE (SR.) SRI.V.ABRAHAM MARKOS SRI.ABRAHAM JOSEPH MARKOS SRI.ISAAC THOMAS SRI.P.G.CHANDAPILLAI ABRAHAM SHRI.VIPIN ANTO H.M. SHRI.ALEXANDER JOSEPH MARKOS SHRI.SHARAD JOSEPH KODANTHARA RESPONDENTS: 1 ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 (1), NON-CORP. RANGE -1, KOCHI - 682018. 2 COMMISSIONER INCOME OF TAX (APPEALS) AREECKAL MANSION, PANAMPILLY NAGAR, KOCHI & ANOTHER- 682036. BY ADV.SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2019, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.25092 OF 2019(J) 2 JUDGMENT Against Ext.P1 assessment order under Income Tax Act, petitioner has preferred Ext.P2 appeal together with Ext.P3 stay petition before 2nd respondent. It is case of petitioner that even prior to considering stay petition, recovery steps are taken by respondents against petitioner for recovery of amounts confirmed by Ext.P1 assessment order. 2. I have heard learned counsel appearing for petitioner and also learned Standing counsel appearing for respondents. On consideration of facts and circumstances of case as also submissions made across Bar, I dispose writ petition with following directions: 1. 2nd respondent shall consider and pass reasoned orders on Ext.P3 stay petition within period of one month from date of receipt of copy of this judgment, after hearing petitioner. 2. Recovery steps for recovery of amounts WP(C).No.25092 OF 2019(J) 3 confirmed against petitioner by Ext.P1 assessment order shall be kept in abeyance till such time as orders are passed by 2 nd respondent as directed above and communicated to petitioner. 3. petitioner shall produce copy of writ petition together with copy of this judgment, before 2nd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.25092 OF 2019(J) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 27.03.2015 PASSED BY 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF APPEAL DATED 29.04.2015 FILED BY PETITIONER PENDING BEFORE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF STAY PETITION DATED 29.04.2015 FILED BY PETITIONER BEFORE 2ND RESPONDENT. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE Kureeckal Joseph Paul v. Assistant Commissioner of Income-tax Circle-1(1), Non-Corp. Range -1, Kochi / Commissioner of Income-tax (Appeals), Kochi & Another
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