Kerala High Court
M/S Factum Granites Pvt Ltd vs The Commissioner Of Income Tax ... on 25 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
WP(C) NO. 16572 OF 2024
PETITIONER/S:
M/S FACTUM GRANITES PVT LTD,
BUILDING NO.18/65, MARAKKAAVU,BLOCK NO.35, ERIMAYUR,
PALAKKAD, REPRESENTED BY ITS DIRECTOR,
SAJI K.ALIAS,AGED 51, S/O.ALIAS, CHENNOTH
KUZHIKANDATHIL, THIRUVANIYOOR. P.O., PIN - 678546
BY ADVS.
DINESH R.SHENOY
VISHAKHA J.
RESPONDENT/S:
THE COMMISSIONER OF INCOME TAX (APPEALS)
OFFICE OF PRINCIPAL COMMISSIONER OF INCOME TAX,
CENTRAL REVENUE BUILDING,
I.S.PRESS ROAD,COCHIN., PIN - 682018
NAVANEETH. S. NAIR - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16572 OF 2024
2
JUDGMENT
Being aggrieved by the Ext.P4 assessment order
pertaining to the assessment year 2021-2022, the
petitioner submitted Ext.P5 appeal and Ext.P6 stay
petition, which is now pending before the respondent.
The grievance of the petitioner is that, recovery
proceedings pursuant to Ext.P4 is being pursued,
despite the fact that an amount of Rs.13,20,000/-
has already been seized from the petitioner as per
Ex.P8 seizure inventory. The learned counsel is also
placing reliance upon Ext.P10 judgment passed by this
Court in similar circumstances.
2. After hearing the learned counsel for the
petitioner and learned Standing Counsel for the
respondent, I am of the view that, since Ext.P5
appeal and P6 stay petition are pending consideration
before the respondent, it is only proper that a
decision thereon be taken on the same within a time
limit. The fact that an amount which is higher than
the amount is demanded as per Ext.P4 is already
WP(C) NO. 16572 OF 2024
seized from the petitioner is also yet another
reason, which prompts this Court to stay the recovery
proceedings against the petitioner for the time
being.
In such circumstances, it is ordered that the
respondent shall take up Ext.P6 stay petition and
pass appropriate orders thereon, within a period of
one month from the date of receipt of a copy of this
judgment. Till a decision is taken, the recovery
proceedings pursuant to Ext.P4 shall be kept in
abeyance.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
msp
WP(C) NO. 16572 OF 2024
APPENDIX OF WP(C) 16572/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE NOTICE DATED 24/5/2023
AND THE ACKNOWLEDGMENT OF RESPONSE THERETO
ISSUED BY THE INCOME TAX DEPARTMENT.
Exhibit P2 TRUE PHOTOCOPY OF THE LETTER DATED 2/6/2021
ISSUED BY M/S. ABY P.B. & ASSOCIATES,
CHARTERED ACCOUNTANTS, ON BEHALF OF THE
PETITIONER.
Exhibit P3 TRUE PHOTOCOPY OF SHOWCAUSE NOTICE DATED
12/6/2023 AND THE RESPONSE ACKNOWLEDGEMENT
THERETO ISSUED BY THE INCOME TAX DEPARTMENT.
Exhibit P4 TRUE PHOTOCOPY OF ASSESSMENT ORDER FOR
ASSESSMENT YEAR 2021-22 DATED 27/6/2023.
Exhibit P5 TRUE PHOTOCOPY OF APPEAL DATED 25/7/2023,
TOGETHER WITH ACKNOWLEDGMENT RECEIPT ISSUED
BY THE IT DEPARTMENT.
Exhibit P6 TRUE PHOTOCOPY OF STAY PETITION FILED BY THE
PETITIONER DATED 25/7/2023.
Exhibit P7 TRUE PHOTOCOPY OF THE NOTICE DATE 31/3/2024
ISSUED TO THE PETITIONER.
Exhibit P8 TRUE PHOTOCOPY OF ASSESEE'S COPY OF INVENTORY
OF THE CASH SEIZED DATED 5/1/2022, ISSUED BY
THE IT DEPARTMENT.
Exhibit P9 TRUE PHOTOCOPY OF NOTICE DATED 18/4/204
ISSUED BY THE CENTRAL CIRCLE 1, INCOME TAX
DEPARTMENT, KOCHI.
Exhibit P10 TRUE PHOTOCOPY OF THE JUDGEMENT DATED
9/4/2024 IN W.P.(C)NO. 14760/2024, HIGH COURT
OF KERALA.
