Mohammed Musthafa Thonikkadavath vs The Assistant Commissioner Of Income ...

Kerala High Court

Mohammed Musthafa Thonikkadavath vs The Assistant Commissioner Of Income ... on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.17005/2024                        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. 17005 OF 2024
   PETITIONER:

          MOHAMMED MUSTHAFA THONIKKADAVATH AGED 49 YEARS THONIKADAVATH,
          ATHAVANAD PO, MALAPPURAM, PIN - 676301

   RESPONDENTS:

      1. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, KOCHI
         CENTRAL REVENUE BUILDING, IS PRESS ROAD, KOCHI, PIN - 682018
      2. COMMISSIONER OF INCOME TAX (APPEALS) INCOME TAX DEPARTMENT, GIRI
         NAGAR, PANAMPILLY NAGAR, KOCHI, PIN - 682036


        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 all recovery steps pursuant to Ext. P1 assessment order
   issued by the 1st respondent, till final disposal of this writ petition
   (civil).


        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
   M/S.R.SREEJITH, K.KRISHNA, ACHYUTH MENON & PADMANATHAN K.V. Advocates for
   the petitioner, the court passed the following:
 WP(C) No.17005/2024                         2/3                     Order Date : 10-05-2024




                           MURALI PURUSHOTHAMAN, J.
                           ------------------------------------
                              W.P (C) No. 17005 of 2024
                           ------------------------------------
                           Dated this the 10th day of May, 2024


                                         ORDER

Admit.

Learned Standing Counsel takes notice for respondents.

There will be an interim direction to the 2 nd respondent to consider and dispose of Ext.P4 petition for stay as expeditiously as possible, at any rate, within a period of two months. Till such time, recovery steps pursuant to Ext.P1 proceedings shall be deferred.

Sd/-

MURALI PURUSHOTHAMAN, JUDGE S.M.K. WP(C) No.17005/2024 3/3 Order Date : 10-05-2024 APPENDIX OF WP(C) 17005/2024 Exhibit P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2020-21 DTD. 16-02-2024 Exhibit P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 13-03-2024 Exhibit P3 COPY OF LETTER ISSUED BY THE 1ST RESPONDENT FOR PAYMENT OF OUTSTANDING DEMAND DTD. 31-03-2024 Exhibit P4 COPY OF STAY PETITION FILED BY THE PETITIOENR BEFORE THE 2ND RESPONDENT DTD. 20-04-2024 Exhibit P5 COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO. 29879/23 DTD. 20-09-2023