Joseph Ponekattu Vakkachan vs Income Tax Officer

Citation : 2024 Latest Caselaw 12188 Ker
Judgement Date : 14 May, 2024

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Kerala High Court

Joseph Ponekattu Vakkachan vs Income Tax Officer on 14 May, 2024

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                        THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

            TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946

                               WP(C) NO. 17525 OF 2024

PETITIONER/S:

                JOSEPH PONEKATTU VAKKACHAN
                AGED 63 YEARS
                PONEKKATTU HOUSE, THOMASPURAM, MARADU, ERNAKULAM, PIN - 682304
                BY ADVS.
                K.N.SREEKUMARAN
                P.J.ANILKUMAR (A-1768)
                N.SANTHOSHKUMAR


RESPONDENT/S:

     1          INCOME TAX OFFICER
                INCOME TAX DEPARTMENT, NON CORP WARD 1(1) I.S. PRESS ROAD, KOCHI,
                PIN - 682018
     2          ADDITIONAL COMMISSIONER OF INCOME TAX
                ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NATIONAL FACELESS
                ASSESSMENT CENTRE., ROOM NO:245, NORTH BLOCK NEW DELHI, PIN -
                110001
     3          COMMISSIONER OF INCOME TAX (APPEALS)
                NATIONAL FACELESS APPEAL CENTRE, INCOME TAX DEPARTMENT, NEW DELHI,
                PIN - 110001

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP (C) No. 17525 of 2024
                                     2




                           VIJU ABRAHAM, J.

                 =====================

                      W.P (C) No. 17525 of 2024

              ========================

                   Dated this the 14th day of May, 2024
                       J U D G M E N T

Aggrieved by Ext.P1 order, petitioner has preferred Ext.P3 appeal and Ext.P4 stay petition which is stated to be pending consideration before the 3rd respondent.

2. The learned Standing Counsel appearing for the respondents would submit that Ext.P4 stay petition will be considered and disposed of without any delay.

3. In view of the above, this writ petition is disposed of with a direction to the 3rd respondent to take up Ext.P4 stay petition, WP (C) No. 17525 of 2024 3 and pass orders thereon after affording an opportunity of hearing to the petitioner within a period of two months from the date of receipt of a copy of this judgment. Till orders are passed as directed above, all further proceedings pursuant to Ext.P1 shall be kept in abeyance.

Sd/-

VIJU ABRAHAM JUDGE RMV WP (C) No. 17525 of 2024 4 APPENDIX OF WP(C) 17525/2024 PETITIONER EXHIBITS Exhibit-P 1 TRUE COPY OF THE ASSESSMENT ORDER DATED 9..03..2024 WITH DIN: ITBA/AST/S/147/2023-24/1062300111(1) Exhibit-P 2 TRUE COPY OF THE DEMAND NOTICE DATED 9..03..2024 WITH DIN:ITBA/AST/S/15/2023-24/1062300176(1) Exhibit-P 3 TRUE COPY OF THE APPEAL MEMORANDUM IN FORM NO:

35WITH ACKNOWLEDGEMENT BEARING NUMBER:
173109220120424 Exhibit -P4 TRUE COPY OF THE STAY PETITION DATED 12..04..2024 FILED ON 03..05..2024 Exhibit -P5 TRUE COPY OF THE ORDER IN SREE DHARMA PARIPALANA YOGAM VS. THE INCOME TAX OFFICER , W.P.(C) 16287/2024 DATED 23.04..2024