Aryanet Trust vs The ...
2024 Latest Caselaw 12015 Ker

Kerala High Court

Aryanet Trust vs The ... on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.17329/2024                        1/3                         Order Date : 10-05-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
                  Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
                                  WP(C) NO. 17329 OF 2024
   PETITIONER:

          ARYANET TRUST 1/554, VELIKKAD, MUNDUR PANCHAYATH, PALAKKAD
          REPRESENTED BY ITS SECRETARY, UDAYASANKAR C N., PIN - 678592

   RESPONDENTS:

      1. THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME
         TAX/INCOME TAX OFFICER NATIONAL FACELESS ASSESSMENT CENTRE, INCOME
         TAX DEPARTMENT, NEW DELHI, PIN - 110001
      2. NATIONAL FACELESS APPEAL CENTRE INCOME TAX DEPARTMENT, NEW DELHI,
         REPRESENTED BY THE COMMISSIONER OF INCOME TAX (APPEALS), PIN -
         110001
      3. THE INCOME TAX OFFICER WARD 1 & TPS, PALAKKAD, AAYKAR
         BHAWAN, ENGLISH CHURCH ROAD, PALAKKAD, PIN - 678014


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all recovery steps pursuant to Ext. P1 assessment order
   issued by the 1st respondent, till final disposal of this writ petition
   (civil).


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. R.SREEJITH, K.KRISHNA, ACHYUTH MENON, PADMANATHAN K.V. Advocates for
   the petitioners and of SRI.P.G. JAYASHANKAR, Advocates for the
   respondents, the court passed the following:
 WP(C) No.17329/2024                         2/3                        Order Date : 10-05-2024




                           MURALI PURUSHOTHAMAN, J.
                         ---------------------------------------------
                              W.P (C) No.17329 of 2024
                       -------------------------------------------------
                         Dated this the 10th day of May, 2024


                                         ORDER

Admit.

2. Learned Standing Counsel takes notice for

respondents.

There will be a direction to the 2nd respondent to

consider and dispose of Ext.P4 application for stay

within a period of two months. Till such time, recovery

proceedings pursuant to Ext.P1 shall be deferred.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

akv WP(C) No.17329/2024 3/3 Order Date : 10-05-2024

APPENDIX OF WP(C) 17329/2024 Exhibit P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPODNENT FOR THE YEAR 2020-21 DTD. 18-03-2024 Exhibit P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 06-04-2024 Exhibit P3 COPY OF LETTER ISSUED BY THE 3RD RESPONDENT DTD.

19-04-2024 Exhibit P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 20-04-2024 Exhibit P5 COPY OF JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO. 29879/2023 DTD. 20-09-2023