Wp(C)/10673/2023 Of M/S. Electrical Trade Links v. Principal Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 27 DAY OF MARCH 2023 / 6TH CHAITHRA, 1945WP(C) NO. 10673 OF 2023 PETITIONER: M/S. ELECTRICAL TRADE LINKS 39/1943A, KALOOR-KADAVANTHARA ROAD,ERNAKULAM, KOCHI REPRESENTED BY ITS MANAGING PARTNER PREMKUMAR.R., PIN – 682017. BY ADV PREETHA S.NAIR RESPONDENTS: 1PRINCIPAL COMMISSIONER OF INCOME TAXREVENUE BUILDING, I.S.PRESS ROAD, KOCHI, PIN – 682018.REVENUE BUILDING, I.S.PRESS ROAD, KOCHI, PIN – 682018. 2THE INCOME TAX OFFICERWARD-2(2), REVENUE BUILDING, I.S.PRESS ROAD, KOCHI, PIN – 682018.WARD-2(2), REVENUE BUILDING, I.S.PRESS ROAD, KOCHI, PIN – 682018. 3THE INCOME TAX OFFICERNON-COOPERATE WARD-1(1), REVENUE BUILDING, I.S. PRESS ROAD, KOCHI, PIN – 682018. NON-COOPERATE WARD-1(1), REVENUE BUILDING, I.S. PRESS ROAD, KOCHI, PIN – 682018. 4THE COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS APPEAL CENTRE, (NFAC),DELHI -110 002.NATIONAL FACELESS APPEAL CENTRE, (NFAC),DELHI -110 002. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAVI, J. -------------------------------------------- W.P.(C) No.10673 of 2023 -------------------------------------------- Dated this the 27[th] day of March, 2023 JUDGMENT Admit. Standing Counsel takes notice for the respondents. 2.The petitioner has sought for quashing Ext.P2intimation and Ext.P8 demand notice and for a direction to therespondents to pass an order on Ext.P3 rectification application.The case of the petitioner is that, instead of showing the totalincome as Rs.1,62,245/-, a mistake crept into the returns bystating it as Rs.16,22,245/-. It is submitted that the result of thesaid mistake is an unduly high demand against the petitioner forwhich the petitioner is not liable. It is in these circumstances,the petitioner had preferred the rectification application. In view of the limited prayer made, this writ petition isdisposed of directing the respondents to consider and passorders on Ext.P3 rectification application at the earliest, at anyrate, within four months from the date of receipt of a copy of this judgment. The coercive steps for enforcing the demand in Ext.P2shall be kept in abeyance till disposal of Ext.P3 application. mpm Sd/- T.R.RAVIJUDGE APPENDIX OF WP(C) 10673/2023 PETITIONER’S EXHIBITS Exhibit P1A TRUE COPY OF THE INCOME TAX RETURN VERIFICATION FORM ITR-V FOR THE ASSESSMENT YEAR 2007-08 DATED 28-06- 2008.Exhibit P2A TRUE COPY OF THE INTIMATION DATED 31-03-2010. Exhibit P3A TRUE COPY OF THE RECTIFICATION APPLICATION DATED 26-04-2010.Exhibit P4A TRUE COPY OF THE INCOME TAX COMPUTATION STATEMENT FOR THE ASSESSMENT YEAR 2007-08.Exhibit P5A TRUE COPY OF THE BALANCE SHEET AS ON 31-03-2007.Exhibit P6A TRUE COPY OF THE TRADING & PROFIT & LOSS ACCOUNT FOR THE YEAR ENDED 31-03- 2007.Exhibit P7A TRUE COPY OF THE AUDIT REPORT U/S. 44AB OF THE INCOME TAX ACT, FORM 3CB.Exhibit P8A TRUE COPY OF THE NOTICE U/S. 226 OF THE INCOME TAX ACT DATED 17-01-2019.Exhibit P9A TRUE COPY OF THE REPLY DATED 21-01- 2019.Exhibit P10A TRUE COPY OF THE FORM 35 DATED 21-01-2019. Exhibit P11A TRUE COPY OF THE 4 TH RESPONDENT'S ORDER DATED 18/10/2022.