Assistant Commissioner Of Income Tax vs Muhammed Shameer
2024 Latest Caselaw 28520 Ker

Kerala High Court

Assistant Commissioner Of Income Tax vs Muhammed Shameer on 25 September, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

WA No.1435/2024                          1/2

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
                                        &
                     THE HONOURABLE MR. JUSTICE JOHNSON JOHN
           Wednesday, the 25th day of September 2024 / 3rd Aswina, 1946
                                WA NO. 1435 OF 2024
       AGAINST JUDGMENT DATED 13.08.2024 IN WP(C) 17460/2024 OF THIS COURT
   APPELLANT(S)/RESPONDENTS 1 TO 3:

      1. ASSISTANT COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, NORTH BLOCK,
         NEW ANNEXE BUILDING, MANANCHIRA, KOZHIKODE, PIN - 673001
      2. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), CENTRAL REVENUE
         BUILDING, IS PRESS ROAD, KOCHI, , PIN - 682018
      3. INCOME TAX DEPARTMENT, REPRESENTED BY THE DEPUTY DIRECTOR OF INCOME
         TAX (INV) - II, 8TH FLOOR, AYAKAR BHAWAN, KOZHIKODE , PIN - 673001

    ADVS.M/S.JOSE JOSEPH,SUSIE B VARGHESE AND NAVANEETH.N.NATH

   RESPONDENT(S)/PETITIONERS/RESPONDENTS 4 AND 5:

      1. MUHAMMED SHAMEER, AGED 32 YEARS, S/O.MAMMU, VATTOTH HOUSE,
         KALARANTHIRI, MANIPURAM P.O., VAVAD, KOZHIKODE, PIN - 673572
      2. SABEENA, AGED 50 YEARS, W/O.AZEEZ, THEKKAYIL HOUSE, CHETHUKADAVU,
         KUNNAMANGALAM, PERINGOLAM, KOZHIKODE , PIN - 673571
      3. MUHAMMED SUHAIB P.C, AGED 31 YEARS, S/O.ABDUL MAJEED, CHOLAKKARA
         HOUSE, PUTHUR, KOZHIKODE , PIN - 673572
      4. MUHAMMED FAIQUE, AGED 33 YEARS, S/O.MUHAMMED BASHEER, PUZHANKARA
         HOUSE, KOZHIKODE , PIN - 673572
      5. SUB TREASURY OFFICER, OFFICER OF THE SUB TREASURY OFFICE, NILAMBUR ,
         PIN - 679323
      6. STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF
         KERALA, PIN - 682031

    ADV.P.RAGHUNATHAN FOR R1 TO R4.

    GOVERNMENT PLEADER FOR R5 & R6

        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum, the High Court be pleased
   to stay the operation of the Judgement 13.08.2024 in WPC 17460/2024, till
   disposal of the Writ Appeal.

        This Writ Appeal coming on for orders on 25/09/2024 upon perusing
   the appeal memorandum, the court on the same day passed the following:
 WA No.1435/2024                               2/2




                                         ORDER

Admit.

Adv.P.Raghunathan takes notice for respondents 1 to 4.

Learned Government Pleader takes notice for respondents 5 and 6.

There will be an interim stay of operation of the judgment impugned for a period of one month.

Post on 11.10.2024.

Sd/- SATHISH NINAN JUDGE

Sd/- JOHNSON JOHN JUDGE

25-09-2024 /True Copy/ Assistant Registrar