Wp(C)/12049/2021 Of Fci Oen Connectors Limited v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 11 DAY OF JUNE 2021 / 21ST JYAISHTA, 1943WP(C) NO. 12049 OF 2021 PETITIONER: FCI OEN CONNECTORS LIMITEDMR.G.RAJAMANI. KERALA – 682 019, REPRESENTED BY ITS DIRECTOR, BY ADVS.JOSEPH MARKOSE (SR.)V.ABRAHAM MARKOSABRAHAM JOSEPH MARKOSISAAC THOMASALEXANDER JOSEPH MARKOSSHARAD JOSEPH KODANTHARA RESPONDENTS: THE DEPUTY COMMISSIONER OF INCOME TAXCORPORATE CIRCLE 1(1), COCHIN – 682 018 AND OTHERS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON11.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The writ petition has been filed seeking a limited relief which is todirect the competent among the respondents to consider and pass orderson Ext.P4 appeal within a time limit to be fixed by this Court. 2.Today, when the matter is taken up for consideration, thelearned Standing Counsel for the Income Tax Department submits thatthe 3[rd] respondent will consider and pass orders on Ext.P4 appeal withnotice to the petitioner and affording to the petitioner an opportunity ofbeing heard, within a period of six months from the date of receipt of acertified copy of this judgment. 3.Considering the above, this writ petition will stand disposedof directing the 3[rd] respondent to consider and pass orders on Ext.P4 withnotice to the petitioner and affording to the petitioner an opportunity ofbeing heard, within a period of six months from the date of receipt of acertified copy of this judgment. Sd/- acd GOPINATH P.JUDGE APPENDIX OF WP(C) 12049/2021 PETITIONER ANNEXURE Exhibit P1 TRUE COPY OF THE ORDER DATED 26.12.2016 OF THE ITAT, COCHIN BENCH IN IT (TP) A.NO.70/COCH/2016 FOR AY 2011-12. Exhibit P2TRUE COPY OF THE TRANSFER PRICING ORDER UNDER SECTION 92CA DATED 27.01.2016 FOR ASSESSMENT YEAR 2012-13.UNDER SECTION 92CA DATED 27.01.2016 FOR ASSESSMENT YEAR 2012-13. Exhibit P3 TRUE COPY OF THE ASSESSMENT ORDER DATED 11.05.2016 INCORPORATING THE TRANSFER PRICING ORDER FOR AY 2012-13. Exhibit P4TRUE COPY OF THE APPEAL MEMORANDUM DATED15.06.2016.15.06.2016. Exhibit P5TRUE COPY OF THE SCREENSHOT OF THE IT PORTAL SHOWING BALANCE DISPUTED DEMAND OF ONLY RS.2.05 CRORES AFTER ADJUSTING THE REFUND. Exhibit P6TRUE COPY OF THE REPRESENTATION DATED 25.03.2021 SUBMITTED BY THE PEITITONER BEFORE THE 3RD RESPONDENT.25.03.2021 SUBMITTED BY THE PEITITONER BEFORE THE 3RD RESPONDENT. Exhibit P7 TRUE COPY OF THE NOTIFICATION DATED 25.09.2020 ISSUED BY THE GOVERNMENT OF INDIA.