Latheef Kunju v. The Income-tax Officer Ward-11, Alappuzha/ The Commissioner of Income-tax (Appeals), Kottayam / The Principal Chief Commissioner of Income-tax, Ernakulam / The Union of India
[Citation -2020-LL-0807-1]

Citation 2020-LL-0807-1
Appellant Name Latheef Kunju
Respondent Name The Income-tax Officer Ward-11, Alappuzha/ The Commissioner of Income-tax (Appeals), Kottayam / The Principal Chief Commissioner of Income-tax, Ernakulam / The Union of India
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 07/08/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags stay petition
Bot Summary: No.16218 of 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 prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed 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. No.16218 of 2020 3 confirmed against the petitioner by Ext.P1 assessment order shall be kept in abeyance till such time as orders are passed by the 2 nd respondent as directed above and the order 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 FRIDAY, 07TH DAY OF AUGUST 2020 / 16TH SRAVANA, 1942 WP(C).No.16218 OF 2020 PETITIONER: LATHEEF KUNJU, S/O.ISMAIL KUNJU CHEMATHARAYIL HOUSE, THODIYOOR NORTH P.O KARUNAGAPALLY, KOLLAM DISTRICT KERALA, PIN-690 523 BY ADV. SRI.BOBBY JOHN RESPONDENTS: 1. INCOME TAX OFFICER WARD -11 ALAPPUZHA,ARATTUKULANGARA COMPLEX ADJACENT TO ALAPPUZHA MEDICAL COLLEGE A.N.PURAM, ALAPPUZHA, KERALA, PIN-688011 2. COMMISSIONER OF INCOME TAX(APPEALS)-KOTTAYAM 1ST FLOOR, PUBLIC LIBRARY BUILDING KOTTAYAM, PIN-686001 3. PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KERALA CENTRAL REVENUE BUILDING I.S.PRESS ROAD ERNAKULAM PIN-682018 4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT FINANCE DEPARTMENT RAJPATH MARG CENTRAL SECRETARIAT NEW DELHI PIN-110001 BY ADV.SRI.P.VIJAYAKUMAR, ASG OF INDIA BY ADV.SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C).No.16218 of 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 prior to considering stay petition, recovery steps are taken by respondents against petitioner for recovery of amounts confirmed 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. 2. Recovery steps for recovery of amounts W.P.(C).No.16218 of 2020 3 confirmed against petitioner by Ext.P1 assessment order shall be kept in abeyance till such time as orders are passed by 2 nd respondent as directed above and order 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 mns/7.8.2020 W.P.(C).No.16218 of 2020 4 APPENDIX PETITIONERS EXHIBITS EXHIBIT -P1 TRUE COPY OF ASSESSMENT ORDER FOR A.Y.2017-18, DATED 30.11.2019 PASSED BY 1ST RESPONDENT EXHIBIT P2- TRUE COPY OF FIRST APPEAL DATED 05.01.2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P3- TRUE COPY OF STAY PETITION DATED 07.03.2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF APPLICATION UNDER SECTION 220(6) OF ACT, DATED 07.03.2020 FILED BY PETITIONER BEFORE 1ST RESPONDENT RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE Latheef Kunju v. Income-tax Officer Ward-11, Alappuzha/ Commissioner of Income-tax (Appeals), Kottayam / Principal Chief Commissioner of Income-tax, Ernakulam / Union of India
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