SM Silks And Sarees v. The Assistant Commissioner of Income-tax, Alappuzha / The Commissioner of Income-tax (Appeals), Kottayam
[Citation -2020-LL-0130-25]

Citation 2020-LL-0130-25
Appellant Name SM Silks And Sarees
Respondent Name The Assistant Commissioner of Income-tax, Alappuzha / The Commissioner of Income-tax (Appeals), Kottayam
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 30/01/2020
Judgment View Judgment
Keyword Tags coercive steps • demand notice • stay petition
Bot Summary: No.2585 OF 2020(W) 2 ALEXANDER THOMAS, J. W.P(C) No.2585 of 2020 Dated this the 30th day of January, 2020 JUDGMENT Against Ext.P1 order, the petitioner has filed Ext.P3 appeal and Ext.P4 stay petition. The petitioner's grievance is that during the pendency of the stay petition, Ext.P2 demand notice has been issued for enforcement of the impugned Ext.P1 order by the assessing authority for recovery of the disputed amounts. Heard Sri.K.Manoj Chandran, learned counsel appearing for the petitioner and Sri.Jose Joseph, learned standing counsel 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 2 nd respondent shall take up the matters in Ext.P4 stay application filed in Ext.P3 appeal and after affording reasonable opportunity of being heard to the petitioner through their authorised representative/counsel, if any, shall pass orders on that application without much delay, preferably within a period of two months from the date of production of a certified copy of this WP(C). Until orders are thus passed on the abovesaid Ext.P4 stay application, further coercive steps pursuant to Ext.P-2 demand notice for enforcement of the impugned Ext.P1 order will be kept in abeyance. With these observations and directions, the above Writ Petition stands finally disposed of.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, 30TH DAY OF JANUARY 2020 / 10TH MAGHA, 1941 WP(C).No.2585 OF 2020(W) PETITIONER: SM SILKS AND SAREES 17/1319 A,MULLACKAL,ALAPPUZHA-688010, REPRESENTED BY ITS DESIGNATE PARTNER SANTHOSH.S. BY ADVS. SRI.K.SRIKUMAR (SR.) SRI.K.MANOJ CHANDRAN RESPONDENTS: 1 ASSISTANT COMMISSIONER OF INCOME TAX OFFICE OF ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE, ALAPPUZHA-688010. 2 COMMISSIONER OF INCOME TAX(APPEALS), KOTTAYAM-686001. SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.2585 OF 2020(W) 2 ALEXANDER THOMAS, J. W.P(C) No.2585 of 2020 Dated this 30th day of January, 2020 JUDGMENT Against Ext.P1 order, petitioner has filed Ext.P3 appeal and Ext.P4 stay petition. petitioner's grievance is that during pendency of stay petition, Ext.P2 demand notice has been issued for enforcement of impugned Ext.P1 order by assessing authority for recovery of disputed amounts. 2. Heard Sri.K.Manoj Chandran, learned counsel appearing for petitioner and Sri.Jose Joseph, learned standing counsel 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 2 nd respondent shall take up matters in Ext.P4 stay application filed in Ext.P3 appeal and after affording reasonable opportunity of being heard to petitioner through their authorised representative/counsel, if any, shall pass orders on that application without much delay, preferably within period of two months from date of production of certified copy of this WP(C).No.2585 OF 2020(W) 3 judgment. Until orders are thus passed on abovesaid Ext.P4 stay application, further coercive steps pursuant to Ext.P-2 demand notice for enforcement of impugned Ext.P1 order will be kept in abeyance. With these observations and directions, above Writ Petition (Civil) stands finally disposed of. Sd/- ALEXANDER THOMAS JUDGE vgd WP(C).No.2585 OF 2020(W) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 27.12.2019. EXHIBIT P2 TRUE COPY OF NOTICE OF DEMAND DATED 27.12.2019 EXHIBIT P3 TRUE COPY OF APPEAL DATED 03.01.2020. EXHIBIT P3 TRUE COPY OF ADDITIONAL GROUNDS DATED 22.01.2020 EXHIBIT P4 TRUE COPY OF STAY PETITION. EXHIBIT P5 TRUE COPY OF PETITION FOR URGENT HEARING. SM Silks And Sarees v. Assistant Commissioner of Income-tax, Alappuzha / Commissioner of Income-tax (Appeals), Kottayam
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