Rp/323/2022 Of The Income Tax Officer v. Police Co-Operative Society Ltd.no.t696

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 29 DAY OF MARCH 2022 / 8TH CHAITHRA, 1944 RP NO. 323 OF 2022 AGAINST THE JUDGMENT DATED 4-2-2022 IN WP(C) 7158/2022 OF HIGH COURT OF KERALA. REVIEW PETITIONER/RESPONDENT -2: THE INCOME TAX OFFICER,NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK, NEW DELHI-110 001. BY ADV CHRISTOPHER ABRAHAM, SC FOR INCOME TAX DEPARTMENT RESPONDENTS/1ST RESPONDENT: 1POLICE CO-OPERATIVE SOCIETY LTD.NO.T696,151961, SREE PADMAM, THYCAUD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS SECRETARY. 2UNION OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF INCOME TAX, NORTH BLOCK, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY. R1 BY ADVS.GEORGE POONTHOTTAM (SR.)& NISHA GEORGE R2 BY SRI.ARUN CHANDRAN, SC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29.03.2022, THECOURT ON THE SAME DAY DELIVERED THE FOLLOWING: in WP(C) 7158 of 2022 BECHU KURIAN THOMAS, J …......….................................. R.P.No.323 of 2022 in WP(C) 7158 of 2022 ….................................. Dated this the 29[th] day of March, 2022 ORDER This review petition has been preferred contending that there is an error apparent on the face of therecord. According to the review petitioner, the timestipulated as per Section 153 of the Income Tax Act,1961, to carry out an assessment is 12 months fromthe end of the assessment year and the said periodexpires by 31.03.2022. However, during the courseof arguments, the review petitioner/2nd respondentomitted to point out the same and hence withouttaking note of the said statutory provision, this Court in WP(C) 7158 of 2022 3 granted time to the writ petitioner to file its objection till 03.04.2022. This review petition isnecessitated since the proceedings will become timebarred after 31.03.2022. 2. Having heard the learned counsel for the review petitioner as well as the learned counsel for therespondents, I am satisfied that there is an errorapparent on the face of the record. This Court hadomitted to take into reckoning the second proviso toSection 153(1) of the Act, prescribing a time limitfor completing the assessment as 12 months from theend of the assessment year in which the income wasfirst assessable. The omission to note the statutoryprovision has rendered the judgment liable to bereviewed and recalled. The judgment dated R.P.No.323 of 2022 in WP(C) 7158 of 2022 4 04.03.2022 in W.P.(C) No.7158 of 2022 shall therefore stand re-called. The review petition isallowed. Sd/- BECHU KURIAN THOMAS JUDGE AMV/30/03//2022 R.P.No.323 of 2022 in WP(C) 7158 of 2022 5 APPENDIX OF RP 323/2022 PETITIONER'S ANNEXURES : Annexure AJUDGMENT DATED 04.03.2022. RESPONDENTS EXHIBITS : NIL TRUE COPY