M/S.Psn Automotive Marketing P ... vs The Union Of India
2022 Latest Caselaw 7450 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                         WP(C) NO. 27238 OF 2017
PETITIONER:

              M/S.PSN AUTOMOTIVE MARKETING P LTD.
              35/189, PALARIVATTOM P.O.,KOCHI-682025,
              REPRESENTED BY ITS MANAGING DIRECTOR
              MR.P.K.ANANTHANARAYAN.
              BY ADVS.
              SRI.M.GOPIKRISHNAN NAMBIAR
              SRI.P.GOPINATH
              SRI.K.JOHN MATHAI
              SRI.JOSON MANAVALAN
              SRI.KURYAN THOMAS
              SRI.PAULOSE C. ABRAHAM
              SMT.S.PARVATHI
              SRI.RAJA KANNAN


RESPONDENTS:

     1        THE UNION OF INDIA
              REPRESENTED BY THE SECRETARY,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE),
              NORTH BLOCK, NEW DELHI-110001.
     2        THE INCOME TAX APPELLATE TRIBUNAL
              KENDRIYA BHAVAN, KAKKANAD-682037,
              REPRESENTED BY ITS ASSISTANT REGISTRAR.
              BY ADVS.
              SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)
              SRI.JOSE JOSEPH, SC, FOR INCOME TAX


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.27238 OF 2017
                                       2


                          JUDGMENT

Dated this the 24th day of June 2022

The counsel for the petitioner seeks to treat the writ

petition as closed, leaving open all contentions raised by the

petitioner, with liberty to approach this Court in the event of a

fresh cause of action.

2. The petitioner submits that the factual adjudication

is now pending before the Income Tax Appellate Tribunal and

this writ petition may be closed, leaving open all legal issues.

Granting such liberty, the writ petition is closed, leaving

open all issues agitated in this writ petition and permitting the

petitioner to prosecute his case in the Income Tax Appellate

Tribunal.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.27238 OF 2017

APPENDIX OF WP(C) 27238/2017

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 23.12.2015 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN, IN ITA NO.201/COCH/2015 FOR THE A.Y.2006-07.

EXHIBIT P2 THE TRUE COPY OF THE PETITION FOR RECTIFICATION DATED 29.08.2016 FILED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-2(1), KOCHI, BEFORE THE APPELLATE TRIBUNAL. EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 26.05.2017 PASSED BY THE APPELLATE TRIBUNAL IN M.P.NO.145/COCH/2016 ARISING OUT OF EXT.P1 ORDER.

EXHIBIT P4 THE RELEVANT EXTRACT OF THE BUDGET SPEECH FOR THE YEAR 2016-17 DATED 29.2.2016.

EXHIBIT P5 THE RELEVANT EXTRACT OF THE FINANCE BILL, 2016 DATED 29.2.2016.

EXHIBIT P5(A) THE RELEVANT EXTRACT OF THE NOTES ON CLAUSES ATTACHED WITH THE FINANCE BILL, 2016.

EXHIBIT P6 THE RELEVANT EXTRACT OF THE FINANCE ACT, 2016.