Save A Family Plan (India) v. The DCIT, (E), Kochi / The CIT (A), Kochi / The CIT, Kochi
[Citation -2020-LL-0309-32]

Citation 2020-LL-0309-32
Appellant Name Save A Family Plan (India)
Respondent Name The DCIT, (E), Kochi / The CIT (A), Kochi / The CIT, Kochi
Relevant Act Income-tax
Date of Order 09/03/2020
Assessment Year 2014-15
Judgment View Judgment
Keyword Tags stay petition • recovery proceeding

IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, 09TH DAY OF MARCH 2020 19TH PHALGUNA, 1941 WP(C).No.7039 OF 2020(D) PETITIONER/S: SAVE FAMILY PLAN (INDIA) AISWARYAGRAM, PARAPPURAM, KANJOOR, ERNAKULAM 683593 REPRSENTED BY ITS EXECUTIVE DIRECTOR FR. MARSHEL MELAPPELLY 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 RESPONDENT/S: 1 DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS) CENTRAL REVENUE BUILDING, I.S PRESS ROAD, KOCHI 682 018 2 COMMISSIONER OF INCOME TAX (APPEALS) AREECKAL MANSION, PANAMPILLY NAGAR, KOCHI 682 036 3 COMMISSIONER OF INCOME TAX, CENTRAL REVENUE BUILDING, I.S PRESS ROAD, KOCHI 682 018. OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.7039 OF 2020(D) 2 JUDGMENT Petitioner has approached this Court seeking direction to dispose of Ext.P2 appeal preferred before second respondent/Commissioner of Income Tax (Appeals) against Ext.P1 assessment order. Heard learned counsel for parties. Without expressing any opinion on merits of matter, I dispose of writ petition with direction to Commissioner of Income Tax (Appeals) to take decision on Ext.P2 appeal and stay application Ext.P3 in accordance with law, after affording opportunity of hearing to petitioner, within period of 30 days from date of receipt of copy of order. Till such time, recovery proceedings pursuant to assessment order shall be kept in abeyance. It is made clear that interim stay is till disposal of interim application and not beyond. Sd/- AMIT RAWAL sab JUDGE WP(C).No.7039 OF 2020(D) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 20/12/2019 FOR ASSESSMENT YEAR 2014-15 PASSED BY 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF APPEAL DATED 20/01//2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF STAY PETITION DATED 13/01/2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT. Save Family Plan (India) v. DCIT, (E), Kochi / CIT (A), Kochi / CIT, Kochi
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