Universal Gospel Ministries Carmel v. Income-tax Officer Exemption Ward, Thiruvananthapuram / Commissioner of Income-tax(Appeals), Thiruvananthapuram
[Citation -2020-LL-0722-2]

Citation 2020-LL-0722-2
Appellant Name Universal Gospel Ministries Carmel
Respondent Name Income-tax Officer Exemption Ward, Thiruvananthapuram / Commissioner of Income-tax(Appeals), Thiruvananthapuram
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 22/07/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags demand notice • stay petition
Bot Summary: No.14792 OF 2020 2 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, the petitioner has preferred Ext.P2 appeal and Ext.P3 stay petition before the 2nd respondent. It is the case of the petitioner that even before the 2nd respondent had an occasion to consider the stay application, the recovery steps were taken for recovery of the amounts confirmed against the petitioner under Ext.P1 assessment order. I have heard Sri.Arun Raj, the learned counsel for the petitioner as also Sri.Christopher Abraham, the learned counsel for the respondent. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I deem it appropriate to dispose the writ petition by directing the 2nd respondent to consider and pass orders on Ext.P3 stay petition within an outer time limit of four months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that till such time as orders are passed by the 2nd respondent as directed, and the order communicated to the petitioner, recovery steps for recovery of amounts confirmed against the petitioner by Ext.P1 assessment order shall be kept in abeyance. The petitioner shall produce a copy of this judgment together with a copy of the writ petition before the 2nd respondent for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, 22ND DAY OF JULY 2020 / 31ST ASHADHA, 1942 WP(C).No.14792 OF 2020 PETITIONER/S: UNIVERSAL GOSPEL MINISTRIES CARMEL, ARA-52, KULUMALA PULIYARAKONAM P.O., THIRUVANANTHAPURAM-695573 REPRESENTED BY ITS MANAGING TRUSTEE SEBASTIAN MATHEW BY ADV. SRI.S.ARUN RAJ RESPONDENT/S: 1 INCOME TAX OFFICER EXEMPTION WARD, FIRST FLOOR AAYAKAR BHAWAN, 1ST FLOOR KAWDIAR P.O., THIRUVANANTHAPURAM - 695003 2 COMMISSIONER OF INCOME TAX(APPEALS) AAYAKAR BHAVAN, KAWDIAR P.O. THIRUVANANTHAPURAM - 695003 OTHER PRESENT: S.C. SRI.CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.14792 OF 2020 2 JUDGMENT Against Ext.P1 assessment order under Income Tax Act, petitioner has preferred Ext.P2 appeal and Ext.P3 stay petition before 2nd respondent. It is case of petitioner that even before 2nd respondent had occasion to consider stay application, recovery steps were taken for recovery of amounts confirmed against petitioner under Ext.P1 assessment order. 2. I have heard Sri.Arun Raj, learned counsel for petitioner as also Sri.Christopher Abraham, learned counsel for respondent. On consideration of facts and circumstances of case and submissions made across Bar, I deem it appropriate to dispose writ petition by directing 2nd respondent to consider and pass orders on Ext.P3 stay petition within outer time limit of four months from date of receipt of copy of this judgment, after hearing petitioner. It is made clear that till such time as orders are passed by 2nd respondent as directed, and order communicated to petitioner, recovery steps for recovery of amounts confirmed against petitioner by Ext.P1 assessment order shall be kept in abeyance. petitioner shall produce copy of this judgment together with copy of writ petition before 2nd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sd WP(C).No.14792 OF 2020 3 APPENDIX PETITIONER'S EXHIBITS EXT.P1 COPY OF ASSESSMENT ORDER DATED 31.12.2019 PASSED UNDER SECTION 144 OF ACT BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2017-18 ALONG WITH DEMAND NOTICE EXT.P2 COPY OF APPEAL MEMORANDUM ALONG WITH GROUNDS OF APPEAL FILED BEFORE 2ND RESPONDENT FOR ASSESSMENT YEAR 2017-18 EXT.P3 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR ASSESSMENT YEAR 2017-18 Universal Gospel Ministries Carmel v. Income-tax Officer Exemption Ward, Thiruvananthapuram / Commissioner of Income-tax(Appeals), Thiruvananthapuram
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