P.A.Jose vs Union Of India
2024 Latest Caselaw 19231 Ker

Kerala High Court

P.A.Jose vs Union Of India on 1 July, 2024

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                 THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
            Monday, the 1st day of July 2024 / 10th Ashadha, 1946
                              WA NO. 874 OF 2024
 (ARISING FROM JUDGMENT DATED 20.05.2024 IN WP(C) 30318/2019 OF THIS COURT)
APPELLANT(S)/PETITIONER:

     P.A.JOSE, AGED 71 YEARS,
     PAYYAPPALLIL HOUSE, PUTHANANGADI,
     THIRUVATHUKKAL, KOTTAYAM,PIN - 686001.

BY.ADVS.M/S. A.KUMAR (SR.),G.MINI, P.J.ANILKUMAR & P.S.SREE PRASAD

RESPONDENT(S)/RESPONDENTS:

  1. UNION OF INDIA, THROUGH THE SECRETARY, DEPARTMENT OF REVENUE,
     MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI,
     PIN - 110001.
  2. THE CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY
     OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI, PIN -
     110001.
  3. THE COMMISSIONER OF INCOME TAX, KOTTAYAM, PIN - 686001.
  4. THE ASST. COMMISSIONER OF IINCOME TAX, CIRCLE - 1, INCOME TAX
     OFFICE, PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM, PIN -
     686002.


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to restrain the respondents from conducting any assessment on insisting
with the compliance of para 16 of icds-ii in Exhibit-P1 notification
87/2016 dated 29.09.2016 prescribing that the cost of inventories shall be
assigned by using the first in first out or weighted average cost method
to the exclusion of other methods relating to valuation of inventory,
namely, last in first out.


     This Writ Appeal coming on for orders on 01.07.2024,upon perusing
the appeal memorandum, the court passed the following:
           DR. A.K.JAYASANKARAN NAMBIAR, J.
                                  &
                     SYAM KUMAR V.M., J
      -----------------------------------------------------------
      W.A. Nos.874, 875, 877, 878, 879, 880, 881,
         882, 884, 886, 887,888 and 889 of 2024
      -----------------------------------------------------------
            Dated this the 1st day of July, 2024


                              ORDER

Dr. A.K.Jayasankaran Nambiar, J.

Admit.

The learned Senior CGC takes notice for the

1st respondent and the learned Standing Counsel takes

notice for respondents 2 to 4.

Post for disposal on 05.08.2024, in the top of the

hearing list, along with connected appeals.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

SYAM KUMAR V.M. JUDGE

SSS