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Kerala High Court
Basant Satheesh vs The Commissioner Of Income Tax Kochi on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.17476/2024 1/3 Order Date : 10-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
WP(C) NO. 17476 OF 2024
PETITIONER:
BASANT SATHEESH, AGED 61 YEARS, S/O. K.KUTTAPPAN LOVELY HAVEN,
CHURCH NAGAR, FIRST STREET, PARAKKADAVU, ANGAMALY, ERNAKULAM ALSO
HAVING ADDRESS AT KSHEMA BUILDERS AND DEVELOPERS 3/136,
KOTHAKULANGARA ANGAMALY, ERNAKULAM, PIN - 683572
RESPONDENTS:
1. THE COMMISSIONER OF INCOME TAX KOCHI 6TH FLOOR, KANDAMKULATHY TOWER,
M G ROAD, KARIKKAMURI, SHENOYS, KOCHI, PIN - 682011
2. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1, ALUVA SECOND FLOOR,
KAP COMPLEX, PERIYAR NAGAR, RS ROAD, ALUVA, PIN - 683101
3. INCOME TAX OFFICER CIRCLE 1, ALUVA SECOND FLOOR, KAP COMPLEX,
PERIYAR NAGAR, RS ROAD,ALUVA, PIN - 683101
4. NATIONAL FACELESS ASSESSMENT CENTRE MAYUR BHAWAN, CONNAUGHT LANE,
BARAKHAMBAM, NEW DELHI, REPRESENTED BY THE PRINCIPAL CHIEF
COMMISSIONER OF INCOME TAX (NAFAC), PIN - 110001
5. INCOME TAX OFFICER NATIONAL FACELESS ASSESSMENT CENTRE, ASSESSMENT
UNIT, MAYUR BHAWAN, CONNAUGHT LANE, BARAKHAMBAM, NEW DELHI., PIN -
110001
6. APPEAL TO THE JOINT COMMISSIONER (APPEALS) OR THE COMMISSIONER OF
INCOME TAX (APPEALS) NATIONAL FACELESS ASSESSMENT CENTRE MAYUR
BHAWAN, CONNAUGHT LANE, BARAKHAMBAM, NEW DELHI, PIN - 110001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the further recovery proceedings under Ext.P12 notice,
during the pendency of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. PRAVEEN K. JOY, Advocates for the petitioner, M/S. CHRISTOPHER
ABRAHAM,(CGC), SRI. P.R. AJITH KUMAR, Advocate for the respondents, the
court passed the following:
WP(C) No.17476/2024 2/3 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P. (C) No.17476 of 2024
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Dated this the 10th day of May, 2024
ORDER
Admit.
2. The learned Standing Counsel takes notice for the respondents.
There will be an interim direction to the 6 th respondent to consider Ext.P10 appeal within a period of four months.
Till such time, recovery proceedings pursuant to Ext.P12 shall be deferred.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C) No.17476/2024 3/3 Order Date : 10-05-2024 APPENDIX OF WP(C) 17476/2024 Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE NOTICE DATED 06.02.2024 ISSUED BY ASSESSMENT UNIT, INCOME TAX DEPARTMENT, FACELESS ASSESSMENT Exhibit P2 TRUE COPY OF THE E-PROCEEDINGS RESPONSE ACKNOWLEDGEMENT TO THE 5TH RESPONDENT ALONG WITH DOCUMENTS Exhibit P3 TRUE COPY OF THE E-PROCEEDINGS RESPONSE ACKNOWLEDGEMENT TO THE 5TH RESPONDENT ALONG WITH DOCUMENTS Exhibit P4 TRUE COPY OF THE E-PROCEEDINGS RESPONSE ACKNOWLEDGEMENT TO THE 5TH RESPONDENT ALONG WITH DOCUMENTS Exhibit P5 TRUE COPY OF THE E-PROCEEDINGS RESPONSE ACKNOWLEDGEMENT TO THE 5TH RESPONDENT ALONG WITH DOCUMENTS Exhibit P6 TRUE COPY OF THE NOTICE DATED 13.03.2024 ISSUED BY ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, NATIONAL FACELESS ASSESSMENT CENTRE, NEW DELHI Exhibit P7 TRUE COPY OF THE REPLY DATED 15.03.2024 TO SHOW CAUSE NOTICE ISSUED BY THE ADDITIONAL/JOINT/DEPUTY/ ASSISTANT COMMISSIONER OF INCOME TAX, NATIONAL FACELESS ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, NEW DELHI Exhibit P8 TRUE COPY OF THE E-PROCEEDINGS RESPONSE ACKNOWLEDGEMENT DATED 15.03.2024 TO THE 5TH RESPONDENT ALONG WITH DOCUMENTS Exhibit P9 TRUE COPY OF THE ASSESSMENT ORDER DATED 27.03.2024 ISSUED BY NATIONAL FACELESS ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, NEW DELHI Exhibit P10 TRUE COPY OF THE APPEAL AND PETITION DATED 29.04.2024 BEFORE 6TH RESPONDENT Exhibit P11 TRUE COPY OF THE E-PROCEEDINGS RESPONSE ACKNOWLEDGEMENT OF APPEAL DATED 29.04.2024 OF THE 6TH RESPONDENT ALONG WITH DOCUMENTS Exhibit P12 TRUE COPY OF THE NOTICE OF PENALTY ISSUED BY 5TH RESPONDENT TO PETITIONER Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 3.05.2024 IN WP 16876/2024 OF THIS HON'BLE COURT