Citation : 2024 Latest Caselaw 11878 Ker
Judgement Date : 3 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
WP(C) NO. 16876 OF 2024
PETITIONER:
MUHAMMED ALI P.P., AGED 64 YEARS, A-11A BENZEER
MANZIL, KUTTOOR POST AR NAGAR, MALAPPURAM, PIN -
676 305
BY ADVS.
P.RAGHUNATHAN
PREMJIT NAGENDRAN
RISHAL.K
SAIJESH A.
RESPONDENTS:
1 ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL
CIRCLE-1, AAYAKKAR BHAVAN, MANANCHIRA,
KOZHIKODE, PIN - 673 001
2 ADDITIONAL COMMISSIONER OF INCOME TAX, CENTRAL
CIRCLE , AAYAKKAR BHAVAN, KOCHI, PIN - 682 018
3 COMMISSIONER OF INCOME TAX [APPEALS]-3, C.R
BUILDING, I.S PRESS ROAD, ERNAKULAM, PIN - 682
018
SRI.JOSE JOSEPH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.16876 of 2024
..2..
JUDGMENT
The Income Tax Department has initiated proceedings
against the petitioner for the assessment years 2011-2012,
2012-2013 and 2013-2014. Thereafter, Exts.P1 to P3
assessment orders were passed. Challenging Exts.P1 to P3,
the petitioner preferred Exts.P4 to P6 appeals before the 3 rd
respondent. The petitioner has also moved Exts.P7 to P9 stay
petitions. Exts.P4 to P6 and P7 to P9 are pending before the
3rd respondent. The grievance of the petitioner is that, in the
meanwhile, the 1st respondent is initiating steps for recovery
of demand as per the demand notices in Exts.P1 to P3 orders.
The limited prayer of the petitioner is to give a direction to
the 3rd respondent to consider and dispose of Exts.P4 to P6
appeals and Exts.P7 to P9 stay petitions.
2. Having heard the learned counsel for the petitioner
and the learned Standing Counsel for the respondents, this
writ petition is disposed of with a direction to the 3 rd
respondent to consider Exts.P7 to P9 stay petitions and pass
orders within a period of two months from today. Till then,
..3..
the recovery proceedings against the petitioner for recovery
of the amount confirmed against him by Exts.P1 to P3 orders
shall be kept in abeyance.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE PR
..4..
APPENDIX OF WP(C) 16876/2024
PETITIONER EXHIBITS
Exhibit- P1 ASSESSMENT ORDER U/S 153C FOR AY 2011.12 DT 02.03.2024
Exhibit-P2 ASSESSMENT ORDER U/S 153C FOR AY 2012.13 DT 02.03.2024
Exhibit-P3 ASSESSMENT ORDER U/S 153C FOR AY 2012.13 DT 02.03.2024
Exhibit-P4 APPEALS- FORM 35 AGAINST EXT.P-1 TO THE JOINT COMMISSIONER (APPEALS)
Exhibit-P5 APPEALS- FORM 35 AGAINST EXT.P-2 TO THE JOINT COMMISSIONER (APPEALS)
Exhibit-P6 APPEALS- FORM 35 AGAINST EXT.P-3 TO THE JOINT COMMISSIONER (APPEALS)
Exhibit-P7 APPLICATION FOR STAY TO EXT-P1 DTD 08.04.2024
Exhibit-P8 APPLICATION FOR STAY TO EXT-P2 DTD 08.04.2024
Exhibit-P9 APPLICATION FOR STAY TO EXT-P3 DTD 08.04.2024
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!