Fci Oen Connectors Limited vs The Deputy Commissioner Of Income ...
2021 Latest Caselaw 12869 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                          WP(C) NO. 12049 OF 2021
PETITIONER:

              FCI OEN CONNECTORS LIMITED
              KERALA - 682 019, REPRESENTED BY ITS DIRECTOR,
              MR.G.RAJAMANI.

              BY ADVS.
              JOSEPH MARKOSE (SR.)
              V.ABRAHAM MARKOS
              ABRAHAM JOSEPH MARKOS
              ISAAC THOMAS
              ALEXANDER JOSEPH MARKOS
              SHARAD JOSEPH KODANTHARA



RESPONDENTS:

              THE DEPUTY COMMISSIONER OF INCOME TAX
              CORPORATE CIRCLE 1(1), COCHIN - 682 018 AND OTHERS


THIS   WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
11.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.12049/2021                      2

                               JUDGMENT

The writ petition has been filed seeking a limited relief which is to

direct the competent among the respondents to consider and pass orders

on Ext.P4 appeal within a time limit to be fixed by this Court.

2. Today, when the matter is taken up for consideration, the

learned Standing Counsel for the Income Tax Department submits that

the 3rd respondent will consider and pass orders on Ext.P4 appeal with

notice to the petitioner and affording to the petitioner an opportunity of

being heard, within a period of six months from the date of receipt of a

certified copy of this judgment.

3. Considering the above, this writ petition will stand disposed

of directing the 3rd respondent to consider and pass orders on Ext.P4 with

notice to the petitioner and affording to the petitioner an opportunity of

being heard, within a period of six months from the date of receipt of a

certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 12049/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE ORDER DATED 26.12.2016 OF THE ITAT, COCHIN BENCH IN IT (TP) A.NO.70/COCH/2016 FOR AY 2011-12.

Exhibit P2 TRUE COPY OF THE TRANSFER PRICING ORDER UNDER SECTION 92CA DATED 27.01.2016 FOR ASSESSMENT YEAR 2012-13.

Exhibit P3 TRUE COPY OF THE ASSESSMENT ORDER DATED 11.05.2016 INCORPORATING THE TRANSFER PRICING ORDER FOR AY 2012-13.

Exhibit P4 TRUE COPY OF THE APPEAL MEMORANDUM DATED 15.06.2016.

Exhibit P5 TRUE COPY OF THE SCREENSHOT OF THE IT PORTAL SHOWING BALANCE DISPUTED DEMAND OF ONLY RS.2.05 CRORES AFTER ADJUSTING THE REFUND.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 25.03.2021 SUBMITTED BY THE PEITITONER BEFORE THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE NOTIFICATION DATED 25.09.2020 ISSUED BY THE GOVERNMENT OF INDIA.