Wp(C)/1102/2012 Of Ibs Software Services Private Ltd v. Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936 WP(C).No. 1102 of 2012 (K) --------------------------- PETITIONER(S): -------------------------- IBS SOFTWARE SERVICES PRIVATE LTD 521-524, NILA, TECHNOPARK CAMPUS TRIVANDRUM REPRESENTED BY ITS COMPANY SECRETARY MR.RAMESH BABU.M. BY ADVS.SRI.E.K.NANDAKUMAR SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.KURYAN THOMAS RESPONDENT(S): ---------------------------- 1. COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM, AAYAKAR BHAVAN, KOWDIAR THIRUVANANTHAPURAM-695 003. THIRUVANANTHAPURAM, AAYAKAR BHAVAN, KOWDIAR THIRUVANANTHAPURAM-695 003. 2. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1)-THIRUVANANTHAPURAM, AAYAKAR BHAVAN KOWDIAR, THIRUVANANTHAPURAM-695 003. CIRCLE 1(1)-THIRUVANANTHAPURAM, AAYAKAR BHAVAN KOWDIAR, THIRUVANANTHAPURAM-695 003. 3. THE ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-I, THIRUVANANTHAPURAM, AAYAKAR BHAVAN KOWDIAR, THIRUVANANTHAPURAM-695 003. RANGE-I, THIRUVANANTHAPURAM, AAYAKAR BHAVAN KOWDIAR, THIRUVANANTHAPURAM-695 003. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX BY GOVERNMENT PLEADER SRI. R. RANJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.02-2015, THE COURT ON 13.03.2015, DELIVERED THE FOLLOWING: K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 1102 of 2012 - - - - - - - - - - - - - - - - Dated 13[th] March, 2015- - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT After hearing the matter for aconsiderable length of time, this Court was ofthe opinion that the challenge against theassessment order is based on factual matters andit would be appropriate that the same beconsidered in the appellate remedy providedunder the Income Tax Act, 1961. The period inwhich the writ petition was pending from12.01.2012 to today, would be considered as bonafide proceeding before a Court of law and delayon that aspect would be entitled to be condonedin favour of the petitioner herein. 2. The petitioner shall approach the Appellate Authority within a period of one monthfrom today and since there was a stay inoperation from the admission stage of the above writ petition, recovery proceedings shall bestayed for a period of three months from todaywithin which time, the Appellate Authority wouldconsider the interim application, if any filed. The writ petition, for the aforesaidreasons, is permitted to be withdrawn leavingopen all the contentions of the petitioner.Parties are left to suffer their respectivecosts. Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//