Hitech Agency v. The Income-tax Officer, Ward-2(2), Thrissur / The Commissioner of Income-tax (Appeals), Thrissur
[Citation -2020-LL-0123-48]

Citation 2020-LL-0123-48
Appellant Name Hitech Agency
Respondent Name The Income-tax Officer, Ward-2(2), Thrissur / The Commissioner of Income-tax (Appeals), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 23/01/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags coercive steps • stay petition
Bot Summary: The petitioner's grievance is that during the pendency of the stay petition, coercive recovery proceedings have been initiated by the assessing authority for recovery of the disputed amounts. Heard Sri.Harisankar V.Menon, learned counsel appearing for the petitioner and Sri.Jose Joseph, learned Standing Counsel for the Income Tax Department, Government of India, appearing for the respondents. After hearing both sides and after taking note of the facts and circumstances of the case, it is ordered in the interest of justice that the 2nd respondent shall take up the matters in Ext.P-3 stay application filed in Ext.P-2 appeal and after affording reasonable opportunity of being heard to the petitioner through authorised representative/counsel, if any, shall pass orders on W.P.(C) No. 1841 of 2020.3. Those applications without much delay, preferably within a period of 2 months from the date of production of a certified copy of this judgment. Until orders are thus passed on the abovesaid stay application, further coercive steps for enforcement of the impugned order will be kept in abeyance. With these observations and directions, the above Writ Petition will stand finally disposed of.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941 WP(C).No.1841 OF 2020(E) PETITIONER: M/S. HITECH AGENCY, 18/417, NEAR SREE DURGA BHAGAVATHI TEMPLE, MARAIKAL KANNARA, THRISSUR-680 652, REPRESENTED BY ITS MANAGING PARTNER, SASI.V.B. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 INCOME TAX OFFICER WARD 2(2), OFFICE OF INCOME TAX OFFICER, THRISSUR-680 001. 2 COMMISSIONER OF INCOME TAX (APPEALS), SAKTHAN NAGAR, THRISSUR-680 021. SRI.JOSE JOSEPH , STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2020, COURT ON SAME DAY DELIVERED FOLLOWING: ALEXANDER THOMAS, J. W.P.(C) No. 1841 of 2020 Dated this 23rd day of January, 2020 JUDGMENT Against Ext.P-1 order, petitioner has filed Ext.P-2 appeal and Ext.P-3 stay petition. petitioner's grievance is that during pendency of stay petition, coercive recovery proceedings have been initiated by assessing authority for recovery of disputed amounts. 2. Heard Sri.Harisankar V.Menon, learned counsel appearing for petitioner and Sri.Jose Joseph, learned Standing Counsel for Income Tax Department, Government of India, appearing for respondents. 3. After hearing both sides and after taking note of facts and circumstances of case, it is ordered in interest of justice that 2nd respondent shall take up matters in Ext.P-3 stay application filed in Ext.P-2 appeal and after affording reasonable opportunity of being heard to petitioner through authorised representative/counsel, if any, shall pass orders on W.P.(C) No. 1841 of 2020 ..3.. those applications without much delay, preferably within period of 2 months from date of production of certified copy of this judgment. Until orders are thus passed on abovesaid stay application, further coercive steps for enforcement of impugned order will be kept in abeyance. With these observations and directions, above Writ Petition (Civil) will stand finally disposed of. Sd/- ALEXANDER THOMAS, JUDGE MMG W.P.(C) No. 1841 of 2020 ..4.. APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2017-18. EXHIBIT P2 COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT 2017-18. EXHIBIT P3 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 2ND RESPONDENT. Hitech Agency v. Income-tax Officer, Ward-2(2), Thrissur / Commissioner of Income-tax (Appeals), Thrissur
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