Wp(C)/12717/2014 Of Paragon Biomedical Indian Pvt. Ltd v. Assistant Director Of Income Tax (Exemption)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 20TH DAY OF MAY 2014/30TH VAISAKHA, 1936 WP(C).No. 12717 of 2014 (L) ---------------------------- PETITIONER: ------------------ PARAGON BIOMEDICAL INDIAN PVT. LTD., B-16, GAYATRI TECHNOPARK, TRIVANDRUM - 695 581 REPRESENTED BY ITS DIRECTOR, MR.VINOD NARAYANAN. BY ADVS.SRI.JOSEPH MARKOSE (SR.) SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.TOM THOMAS (KAKKUZHIYIL) SRI.ABRAHAM JOSEPH MARKOS SRI.ABRAHAM VARGHESE THARAKAN RESPONDENTS:-: -------------------------- 1. ASSISTANT DIRECTOR OF INCOME TAX (EXEMPTION), THIRUVANANTHAPURAM - 695 003. THIRUVANANTHAPURAM - 695 003. 2. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-I(I), THIRUVANANTHAPURAM - 695 003. CIRCLE-I(I), THIRUVANANTHAPURAM - 695 003. 3. COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM - 695 003. THIRUVANANTHAPURAM - 695 003. 4. COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM - 695 003. THIRUVANANTHAPURAM - 695 003. BY SRI.JOSE JOSEPH, SC, FOR INCOME- TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON20-05-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. TRUE COPY OF THE LICENSE DATED 21.10.2005 ISSUED BY THESOFTWARE TECHNOLOGY PARKS OF INDIA (STPI).SOFTWARE TECHNOLOGY PARKS OF INDIA (STPI). EXHIBIT P2. TRUE COPY OF ASSESSMENT ORDER DATED 29.03.2014 PASSED BYTHE 1ST RESPONDENT.THE 1ST RESPONDENT. EXHIBIT P3. TRUE COPY OF APPEAL DATED 23.04.2014 FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT.BEFORE THE 3RD RESPONDENT. EXHIBIT P4. TRUE COPY OF STAY PETITION DATED 23.04.2014 FILED BY THEPETITIOENR BEFORE THE 3RD RESPONDENT.PETITIOENR BEFORE THE 3RD RESPONDENT. EXHIBIT P5. TRUE COPY OF PETITION FOR STAY DATED 23.04.2014 FILED BY THEPETITIONER BEFORE THE 4TH RESPONDENT.PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P6. TRUE COPY OF DEMAND NOTICE DATED 08.05.2014 ISSUED BY THE2ND RESPONDENT.2ND RESPONDENT. EXHIBIT P7. TRUE COPY OF JUDGMENT DATED 04.07.2013 PASSED BY THIS COURTIN W.P.(C)NO.16836/2013.IN W.P.(C)NO.16836/2013. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S.TO JUDGE dsn ANIL K.NARENDRAN, J -------------------------------------------------- W.P.(C.).No.12717 of 2014 -------------------------------------------------- DATED THIS THE 20[th] DAY OF MAY, 2014 JUDGMENT The petitioner is a 100% Export Oriented Unit(EOU)registered with the Software Technology Parks of India, anautonomous society constituted by the Union of India for grantof registration of units engaged in Software and IT EnabledServices. Section 10B of the Income-tax Act gives exemptionfor a period of 10 years for all 100% EOUs. For theassessment year 2011-12, the petitioner claimed exemptionunder Section 10B of the Act, which has been disallowed videExhibit P2 order, on the ground that registration granted tothe petitioner as a 100% EOU is by the Software TechnologyPark India and not by the Board constituted under theIndustries(Development and Regulation) Act, 1961. AgainstExhibit P2 order, the petitioner has preferred Exhibit P3 appealbefore the 3[rd] respondent along with Exhibit P4 stay petition.According to the petitioner, the said appeal and stay petition W.P.(C).No.12717/14 are still pending consideration before the 3[rd] respondent. The petitioner has approached this court seeking variousreliefs including a direction to the 3[rd] respondent toexpeditiously dispose of Exhibit P3 appeal and Exhibit P4stay petition. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Income-taxDepartment. W.P.(C).No.12717/14 are still pending consideration before the 3[rd] respondent. The petitioner has approached this court seeking variousreliefs including a direction to the 3[rd] respondent toexpeditiously dispose of Exhibit P3 appeal and Exhibit P4stay petition. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Income-taxDepartment. 3.Challenging Exhibit P2 order, the petitioner hasfiled Exhibit P3 statutory appeal, accompanied by Exhibit P4stay petition, and the said appeal and stay petition are nowpending consideration before the 3[rd] respondent, which isthe appellate authority. 4.In the facts and circumstances of the case, thisWrit Petition is disposed of directing the 3[rd] respondent toconsider and pass appropriate orders on Exhibit P4 staypetition filed by the petitioner within a period of one monthfrom the date of receipt of a certified copy of this judgment. W.P.(C).No.12717/14 Till such a decision is taken, coercive steps taken against the petitioner pursuant to Exhibit P6 notice shall be kept inabeyance. The petitioner shall produce a copy of the Writ Petitionand a certified copy of this judgment before the 3[rd]respondent for compliance. dsn Sd/- ANIL K.NARENDRAN, JUDGE