C.K. Jacob v. The ITO, Ward-1 & TPS, Thissur / The CIT(A), Thissur / The Manager Federal Bank Ltd. / The Executive Engineer, Thrissur/ The Assistant Engineer, Thrissur/ The Treasury Officer, Thrissur/The Manger SBI
[Citation -2020-LL-0730]

Citation 2020-LL-0730
Appellant Name C.K. Jacob
Respondent Name The ITO, Ward-1 & TPS, Thissur / The CIT(A), Thissur / The Manager Federal Bank Ltd. / The Executive Engineer, Thrissur/ The Assistant Engineer, Thrissur/ The Treasury Officer, Thrissur/The Manger SBI
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 30/07/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags stay petition
Bot Summary: NO.15605/2020 :: 2 :: JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, the petitioner has preferred Ext.P2 appeal together with Ext.P3 stay petition before the 2nd respondent. It is the case of the petitioner that even before considering the stay petition, recovery steps were initiated by the respondents as per Ext.P4 series of notice for recovery of the amounts confirmed against the petitioner by Ext.P1 assessment order. I have heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions: 1. The 2nd respondent shall consider and pass reasoned orders on Ext.P3 stay petition within a period of four months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by Ext.P1 assessment order including further steps pursuant to Ext.P4 series of notices shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed above and the orders communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2nd respondent, for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, 30TH DAY OF JULY 2020/8TH SRAVANA, 1942 W.P(C).No.15605 OF 2020 PETITIONER: C.K.JACOB AGED 73 YEARS CHOWALLUR HOUSE, THAIKKAD P.O., THRISSUR 680 103. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 INCOME TAX OFFICER WARD 1 & TPS, INCOME TAX OFFICE, WEST NADA, GURUVAYUR, THRISSUR 680 101. 2 COMMISSIONER OF INCOME TAX (APPEALS) THRISSUR 686 021. 3 MANAGER FEDERAL BANK LTD., CHOWALLURPADY, THRISSUR 680 104. 4 EXECUTIVE ENGINEER PWD ROADS DIVISION, THRISSUR 680 020 5 ASSISTANT ENGINEER LSGD SECTION, ELAVALLY GRAMA PANCHAYATH, CHITTATTUKARA, THRISSUR 680 511. 6 TREASURY OFFICER, SUB TREASURY, TREASURY SAVINGS BANK, CHAVAKKAD, THRISSUR 680 506. 7 MANAGER STATE BANK OF INDIA, CHAVAKKAD BRANCH, THRISSUR 680 506 BY SRI.JOSE JOSEPH, SC BY SMT.THUSHARA JAMES, GOV. PLEADER BY SRI.JAICE JACOB, SC BY SRI.P.PAULOCHAN ANTONY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C).NO.15605/2020 :: 2 :: JUDGMENT Against Ext.P1 assessment order under Income Tax Act, petitioner has preferred Ext.P2 appeal together with Ext.P3 stay petition before 2nd respondent. It is case of petitioner that even before considering stay petition, recovery steps were initiated by respondents as per Ext.P4 series of notice for recovery of amounts confirmed against petitioner by Ext.P1 assessment order. 2. I have heard learned counsel appearing for petitioner and also learned Standing Counsel appearing for respondents. On consideration of facts and circumstances of case as also submissions made across Bar, I dispose writ petition with following directions: 1. 2nd respondent shall consider and pass reasoned orders on Ext.P3 stay petition within period of four months from date of receipt of copy of this judgment, after hearing petitioner. W.P.(C).NO.15605/2020 :: 3 :: 2. Recovery steps for recovery of amounts confirmed against petitioner by Ext.P1 assessment order including further steps pursuant to Ext.P4 series of notices shall be kept in abeyance till such time as orders are passed by 2nd respondent as directed above and orders communicated to petitioner. 3. petitioner shall produce copy of writ petition together with copy of this judgment, before 2nd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE Sd W.P.(C).NO.15605/2020 :: 4 :: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2017-18. EXT.P2: COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT. EXT.P3: COPY OF STAY PETITION MOVED BEFORE 2ND RESPONDENT. EXT.P4: COPY OF NOTICE ISSUED BY 1ST RESPONDENT TO 3RD RESPONDENT. EXT.P4(A): COPY OF NOTICE ISSUED BY 1ST RESPONDENT TO 4TH RESPONDENT. EXT.P4(B): COPY OF NOTICE ISSUED BY 1ST RESPONDENT TO 5TH RESPONDENT. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE C.K. Jacob v. ITO, Ward-1 & TPS, Thissur / CIT(A), Thissur / Manager Federal Bank Ltd. / Executive Engineer, Thrissur/ Assistant Engineer, Thrissur/ Treasury Officer, Thrissur/The Manger SBI
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