IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17731 OF 2022
PETITIONER/S:
SAFFERULLAH ELLYASU KUNJU
AGED 59 YEARS
KARUVATTUMADOM HOUSE, PULIYOORAVANCH NORTH, KOLLAM,
KERALA - 690539.
BY ADVS.
ANIL D. NAIR
TELMA RAJU
EDATHARA VINEETA KRISHNAN
P.K.BIJU
RESPONDENT/S:
THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF
INCOME TAX ,
INCOME TAX OFFICER, NATIONAL FACELESS ASSESSMENT
CENTRE, DELHI - 110001.
SRI. CHRISTOPHER ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17731 OF 2022 2
JUDGMENT
Petitioner has approached this Court being aggrieved by Ext.P6 order of penalty.
2. It appears that this Court, through Ext.P2 order, had set aside Ext.P1 order of assessment as well as a notice issued for imposition of penalty for reasons indicated in that judgment. It is clear on a reading of the impugned Ext.P6 that it has been passed without taking note of Ext.P2 judgment of this Court.
3. Sri. Christopher Abraham, learned Standing Counsel appearing for the Income Tax Department very fairly concedes that Ext.P6 order has to be set aside on account of the fact that the same has been issued without taking note of Ext.P2 judgment.
Taking note of the submissions of the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the Income Tax Department, Ext.P6 order is set aside, leaving it open to the Income Tax Department to initiate proceedings for imposition of penalty in accordance with law.
The writ petition is disposed of as above.
sd/-
GOPINATH P., JUDGE ajt WP(C) NO. 17731 OF 2022 3 APPENDIX OF WP(C) 17731/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 29.09.2021 ISSUED BY THE RESPONDENT. Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 5.11.2021 IN WP(C) N O. 24140 OF 2021.
Exhibit P3 TRUE COPY OF THE NOTICE DATED 29.09.2021 ISSUED BY THE RESPONDENT.
Exhibit P4 TRUE COPY OF THE REPLY DATED 21.10.2021 SUBMITTED BY THE PETITIONER.
Exhibit P5 TRUE COPY OF ACKNOWLEDGEMENT OF SERVICE OF THE REPLY.
Exhibit P6 TRUE COPY OF THE ORDER DATED 15.03.2022 ISSUED BY THE RESPONDENT.