Wp(C)/12961/2014 Of Sree Chitra Thirunal College Of Engineering v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 13TH DAY OF OCTOBER 2014/21ST ASWINA, 1936 WP(C).No. 12961 of 2014 (U) -------------------------------------- PETITIONER(S)/PETITIONER: ----------------------------------------- SREE CHITRA THIRUNAL COLLEGE OF ENGINEERING PAPPANAMCODE, THIRUVANANTHAPURAM - 690 018 (REPRESENTED BY ITS PRINCIPAL, DR.SHAJI S. S/O SENADHIPAN, AGED 51 YEARS) BY ADV. SRI.BABU JOSEPH KURUVATHAZHA, SC RESPONDENT(S)/RESPONDENTS: ------------------------------------------------ 1. THE COMMISSIONER OF INCOME TAX (APPEAL) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM THIRUVANANTHAPURAM - 695 003. AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM THIRUVANANTHAPURAM - 695 003. 2. THE ASSISTANT DIRECTOR OF INCOME TAX (EXEMPTION), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM THIRUVANANTHAPURAM - 695 003. THIRUVANANTHAPURAM - 695 003. BY SRI.JOSE JOSEPH, SC, INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-10-2014, THECOURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12961 of 2014 (U) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 : COPY OF THE PROCEEDING DATED 12.03.2014 ISSUED BY THE 2NDRESPONDENT EXHIBIT P1(A) : COPY OF THE DEMAND NOTICE DATED 12.03.2014 ISSUED ALONGWITH EXT.P1 EXHIBIT P2 : COPY OF THE APPEAL DATED 05.04.2014 SUBMITTED BY THEPETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P3 : COPY OF THE REQUEST DATED 16.04.2014 SUBMITTED ALONG WTHEXT P2 EXHIBIT P4 : COPY OF THE DEMAND NOTICE DATED 12.05.2014 ISSUED BY THE 2NDRESPONDENT RESPONDENT(S)' EXHIBITS & ANNEXURES -------------------------------------------------------------- ANNEXURE-A : COPY OF THE STAY PETITION DATED 30.05.2014 FILED BEFORE THE1ST RESPONDENT. ANNEXURE-B : COPY OF THE PETITION DATED 6.6.2014 FILE DBY THE CHARTEREDACCOUNTANT OF THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITHANNEXURE-A //TRUE COPY// P.A. TO JUDGE P.R. RAMACHANDRA MENON, J. ======================== -------------------------------------------- Dated this the 13[th] day of October, 2014 JUDGMENT The petitioner is a Charitable Trust registered under theTravancore Cochin Literacy, Scientific and Charitable Societies'Registration act, 1955 and also under Section 12 A of the Income TaxAct, 1961. The petitioner is engaged in running an EngineeringCollege at Thiruvananthapuram. In respect of the assessment year2007-08, the petitioner submitted return of income on 10.7.2008,declaring its income as 'nil'. Petitioner had returned gross receipts of ₹8,35,33,181/- from which application of income was 6,15,65,202/-₹resulting in net surplus of 2,19,67,979/-, claiming reduction of ₹₹1,25,29,977/- under Section 11(1)(a) and the balance 94,38,002/-₹under Section 11(2)(a) of the Income Tax Act, based on the notice inForm No.10 dated 12.6.2008 along with return of income. 2. However, the 2[nd] respondent issued Ext.P1 assessment orderalong with Ext.P1(a) demand notice without any regard to the factsand figures. Being aggrieved of this, the petitioner has preferredExt.P2 appeal before the 1[st] respondent. Without any regard to thependency of above proceeding, the 2[nd] respondent is now proceedingwith coercive proceedings as borne by Ext.P4, which hence is sought to W.P.C. No. 12961 of 2014 be intercepted by this Court. In the course of further proceedings, thepetitioner has filed 'Annexure A' stay petition before the 1[st]respondent, a copy of which has been produced along with I.A. No.13335 of 2014 and the prayer now is only to cause the same to beconsidered and disposed of within a reasonable time. 3. Heard the learned Standing Counsel for the respondents aswell. W.P.C. No. 12961 of 2014 be intercepted by this Court. In the course of further proceedings, thepetitioner has filed 'Annexure A' stay petition before the 1[st]respondent, a copy of which has been produced along with I.A. No.13335 of 2014 and the prayer now is only to cause the same to beconsidered and disposed of within a reasonable time. 3. Heard the learned Standing Counsel for the respondents aswell. 4. Considering the facts and circumstances, the first respondentis directed to consider and pass appropriate orders on 'Annexure A'petition for stay, in accordance with law, as expeditiously as possible,at any rate, within 'one month' from the date of receipt of a copy ofthis judgment. Coercive proceedings pursuant to Ext.P4 shall be keptin abeyance till such time. The petitioner shall produce a copy of this judgment along with acopy of this writ petition before the concerned respondent for furthersteps. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. kp/-