Wp(C)/15564/2021 Of M/S Manappuram Foundation v. Additional / Joint / Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR WEDNESDAY, THE 4 DAY OF AUGUST 2021 / 13TH SRAVANA, 1943 WP(C) NO. 15564 OF 2021 PETITIONER/S: M/S MANAPPURAM FOUNDATION, V/104, MANAPPURAM HOUSE, VALAPAD, THRISSUR DISTRICT-680 567, REPRESENTED BY ITS MANAGING TRUSTEE.V.P NANDAKUMAR. BY ADV DIVYA RAVINDRAN RESPONDENT/S: 1ADDITIONAL / JOINT / DEPUTY COMMISSIONER OF INCOME TAXINCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTER, DELHI-110 001. 2THE COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL E-ASSESSMENT CENTER, DELHI-110 001. 3THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS)EXEMPTION CIRCLE, SANJUAN TOWER, BEHIND C R BUILDING, KOCHI-682 018. SRI.CHRISTOPHER ABRAHAM, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 15564 OF 2021 2 JUDGMENT Heard both sides. 2. Learned counsel appearing for the petitioner submitted that the petitioner has challenged Ext.P1 assessment order by filingstatutory appeal along with stay petition vide Exts.P2 and P3 .However, during pendency of those proceedings, the respondents areinsisting for recovery of the amount determined vide recovery noticedated 20.07.2021. 3. Learned Standing Counsel opposed the petition and contendedthat the stay petition be directed to be decided within a period ofthree months. 4. In this view of the matter, the writ petition is disposed of bydirecting the concerned respondent to consider and decide the staypetition, within a period of three months from the date ofcommunication of this judgment. Needless to mention that thepetitioner shall co-operate with the concerned respondent inexpeditious disposal of the stay petition as well as appeal. Till WP(C) NO. 15564 OF 2021 3 disposal of the stay petition, the impugned action of recovery inpursuant to Ext.P1 should be kept in abeyance. ajt Sd/- A.M.BADARJUDGE APPENDIX OF WP(C) 15564/2021 PETITIONER EXHIBITS Exhibit P1TRUE COPY OF ASSESSMENT ORDER DATED 21.4.2021 FOR AY-2018-19 ALONG WITH DEMAND NOTICE PASSEDBY THE 1ST RESPONDENT FOR AY-2018-19 ALONG WITH DEMAND NOTICE PASSEDBY THE 1ST RESPONDENT Exhibit P2TRUE COPY OF THE MEMORANDUM OF APPEAL E-FILED DATED 20.5.2021 FILED BY THE PETITIONER BEFORETHE 2ND RESPONDENT FOR AY-2018-19 DATED 20.5.2021 FILED BY THE PETITIONER BEFORETHE 2ND RESPONDENT FOR AY-2018-19 Exhibit P3 TRUE COPY OF THE STAY PETITION DATED 19.5.2021FILED BY THE PETITIONER FOR AY-2018-19, ON 20.5.2021 BEFORE THE 2ND RESPONDENT FILED BY THE PETITIONER FOR AY-2018-19, ON 20.5.2021 BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECOVERY NOTICE DATED 20.7.2021 ISSUED BY THE 3RD RESPONDENT 20.7.2021 ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE REPLY DATED 21.7.2021 SUBMITTED BEFORE THE 3RD RESPONDENT SUBMITTED BEFORE THE 3RD RESPONDENT