Safferullah Ellyasu Kunju vs The ...
2022 Latest Caselaw 6145 Ker

                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

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.