Sreevalsom Residency v. The Assistant Commissioner of Income-tax, Center Circle, Kollam / The Commissioner of Income-tax (Appeals)-III, Cochin
[Citation -2020-LL-0228-33]

Citation 2020-LL-0228-33
Appellant Name Sreevalsom Residency
Respondent Name The Assistant Commissioner of Income-tax, Center Circle, Kollam / The Commissioner of Income-tax (Appeals)-III, Cochin
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 28/02/2020
Assessment Year 2012-13, 2013-14, 2014-15
Judgment View Judgment
Keyword Tags collection of tax • statutory appeal • stay of recovery • demand notice • stay petition • disposal of appeals
Bot Summary: S.Muhammed Haneef, the learned counsel for the petitioner and Sri. Jose Joseph, the learned Standing Counsel for respondents. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that the Division Bench directed disposal of appeal and granted stay of recovery proceedings during the pendency of the appeal. The learned Standing Counsel admits that the facts of the case are substantially same and similar to the facts noted by the Division Bench in W.A. No.1536 of 2019, hence can be followed. The writ petition is disposed of directing the Commissioner of Income Tax/ 2 nd respondent to consider and dispose of the statutory appeal filed by the petitioner herein at the earliest taking note of the Full Bench decision reported in The WP(C). No.5905/2020(K) 3 Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut 2019 KHC 287 and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeal.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941 WP(C).No.5905 OF 2020(K) PETITIONER: M/s SREEVALSOM RESIDENCY, 103A, 103B, 103C, MC ROAD, KALADY, ERNAKULAM - 686 574, REPRESENTED BY ITS PARTNER, SHRI. ARUN RAJ PILLAI BY ADVS. SRI.S.MUHAMMED HANEEF SRI.M.H.ASIF ALI SMT.SHAIMA VAHAB RESPONDENTS: 1 ASSISTANT COMMISSIONER OF INCOME TAX, CENTER CIRCLE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM - 691 001 2 COMMISSIONER OF INCOME TAX (APPEALS) - III 28/243, POORNIMA , PANAMPILLY NAGAR, COCHIN - 682 036 SRI. JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5905/2020(K) 2 JUDGMENT Dated this 28th day of February, 2020 Heard Sri. S.Muhammed Haneef, learned counsel for petitioner and Sri. Jose Joseph, learned Standing Counsel for respondents. 2. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that Division Bench directed disposal of appeal and granted stay of recovery proceedings during pendency of appeal. 3. learned Standing Counsel admits that facts of case are substantially same and similar to facts noted by Division Bench in W.A. No.1536 of 2019, hence can be followed. Hence, writ petition is disposed of directing Commissioner of Income Tax (Appeals)/ 2 nd respondent to consider and dispose of statutory appeal filed by petitioner herein at earliest taking note of Full Bench decision reported in WP(C).No.5905/2020(K) 3 Mavilayi Service Co-operative Bank Ltd, v. Commissioner of Income Tax, Calicut [2019 (2) KHC 287] and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeal. Sd/- S.V. BHATTI JUDGE SR WP(C).No.5905/2020(K) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 30.12.2019 PASSED BY 1ST RESPONDENT FOR AY - 2012-13 ALONG WITH DEMAND NOTICE & COMPUTATION OF INCOME EXHIBIT P2 TRUE COPY OF ASSESSMENT ORDER DATED 30.12.2019 PASSED BY 1ST RESPONDENT FOR AY - 2013-14 ALONG WITH DEMAND NOTICE & COMPUTATION OF INCOME EXHIBIT P3 TRUE COPY OF ASSESSMENT ORDER DATED 30.12.2019 PASSED BY 1ST RESPONDENT FOR AY - 2014-15 ALONG WITH DEMAND NOTICE & COMPUTATION OF INCOME EXHIBIT P4 TRUE COPY OF MEMORANDUM OF APPEAL DATED 21.01.2020 FOR AY - 2012-13 FILED BY PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF MEMORANDUM OF APPEAL DATED 21.01.2020 FOR AY - 2013-14 FILED BY PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF MEMORANDUM OF APPEAL DATED 21.01.2020 FOR AY -2014-15 FILED BY PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF STAY PETITION DATED 01.02.2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR AY - 2012-13 EXHIBIT P8 TRUE COPY OF STAY PETITION DATED 01.02.2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR AY - 2013-14 EXHIBIT P9 TRUE COPY OF STAY PETITION DATED 01.02.2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR AY - 2014-15 SR //True Copy// PA to Judge Sreevalsom Residency v. Assistant Commissioner of Income-tax, Center Circle, Kollam / Commissioner of Income-tax (Appeals)-III, Cochin
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