Kerala High Court
M/S.New Hope Foundation vs Union Of India on 28 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.44252/2023 1/3 Order Date : 28-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
WP(C) NO. 44252 OF 2023
PETITIONER:
M/S.NEW HOPE FOUNDATION, REPRESENTED BY ITS MANAGING TRUSTEE MR.
JOHN AUXON, PUTHUTHOTTAM, KEELPADAPPAI, KANCHIPURAM, CHENNAI,
PIN-601301
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE FINANCE SECRETARY, DEPARTMENT OF
REVENUE - MINISTRY OF FINANCE, 3RD FLOOR, JEEVAN DEEP BUILDING,
SANSAD MARG, NEW DELHI, PIN-110001
2. INTERIM BOARD FOR SETTLEMENT -II, REPRESENTED BY ITS SECRETARY, 9TH
FLOOR, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI, PIN - 110003
3. THE CENTRAL BOARD OF DIRECT TAXES , REPRESENTED BY ITS CHAIRPERSON,
DEPARTMENT OF REVENUE - MINISTRY OF FINANCE GOVERNMENT OF INDIA, NEW
DELHI, PIN - 110001
4. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, M.G. ROAD,
KOCHI, PIN - 682011
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 Ext.P10 pending consideration of the writ petition
(civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
20.03.2024 and upon hearing the arguments of M/S. N.KRISHNA PRASAD,
GAYATHRI POTI, P.SHANES METHAR, PUSHPARAJ.K.P & JAISHRI SHEBA JACOB,
Advocates for the petitioner, the court passed the following:
WP(C) No.44252/2023 2/3 Order Date : 28-05-2024
MURALI PURUSHOTHAMAN, J.
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W.P (C) Nos.44205, 44213, 44237, 44243, 44251, 44252,
44253, 44257, 44267 & 44271 of 2023
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Dated this the 28th day of May, 2024
O R D E R
Await the judgment of the Hon'ble Supreme Court
referred to in the order dated 21.02.2024.
Post on 31.07.2024.
Interim order will continue till then.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
WP(C) No.44252/2023 3/3 Order Date : 28-05-2024
APPENDIX OF WP(C) 44252/2023
Exhibit P1 TRUE COPY OF THE INTERIM ORDER DATED 18.2.2021 IN WP(C)
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 13.4.2021 IN WP(C)
Exhibit P3 TRUE COPY OF NOTICE U/S. 153A DATED 23.08.2021 FOR THE
ASSESSMENT YEARS 2015-16
Exhibit P3(a) TRUE COPY OF NOTICE U/S. 153A DATED 23.08.2021 FOR THE
ASSESSMENT YEARS 2016-17
Exhibit P3(b) TRUE COPY OF NOTICE U/S. 153A DATED 23.08.2021 FOR THE
ASSESSMENT YEARS 2017-18
Exhibit P3(c) TRUE COPY OF NOTICE U/S. 153A DATED 23.08.2021 FOR THE
ASSESSMENT YEARS 2018-19
Exhibit P3(d) TRUE COPY OF NOTICE U/S. 153A DATED 23.08.2021 FOR THE
ASSESSMENT YEARS 2019-20
Exhibit P3(e) TRUE COPY OF NOTICE U/S. 153A DATED 23.08.2021 FOR THE
ASSESSMENT YEARS 2020-21
Exhibit P4 TRUE COPY OF THE PRESS RELEASE ISSUED BY THE 3RD
RESPONDENT DATED 07.09.2021
Exhibit P5 TRUE COPY OF THE ORDER U/S. 119(2)(B) OF THE ACT DATED
28.09.2021
Exhibit P6 TRUE COPY OF THE SETTLEMENT APPLICATION FEE RECEIPT
DATED 25.9.2021
Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 30.09.2021 IN W.P
(C) NO.20746 AND CONNECTED CASES
Exhibit P8 TRUE COPY OF THE WRIT PETITION (C) NO.40186 OF 2023
WITHOUT EXHIBITS
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 6.12.2023 IN W.P (C)
NO.40119 OF 2023 AND CONNECTED CASES
Exhibit P10 TRUE COPY OF THE IMPUGNED ORDER DATED 14.12.2023
REJECTED THE SETTLEMENT APPLICATION
Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 26.12.2023 IN WRIT
PETITION (C) NO.44205 OF 2023
Exhibit P12 TRUE COPY OF THE RELEVANT EXTRACT OF THE AMENDMENT MADE
BY THE FINANCE ACT, 2021 WITH RETROSPECTIVE EFFECT FROM
01.02.2021
