Wp(C)/16218/2020 Of Latheef Kunju v. The Income Tax Officer Ward -11

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 07TH DAY OF AUGUST 2020 / 16TH SRAVANA, 1942 WP(C).No.16218 OF 2020 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2020,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, thepetitioner has preferred Ext.P2 appeal together with Ext.P3 stay petitionbefore the 2[nd] respondent. It is the case of the petitioner that even priorto considering the stay petition, recovery steps are taken by therespondents against the petitioner for recovery of the amountsconfirmed by Ext.P1 assessment order. 2. I have heard the learned counsel appearing for the petitionerand also the learned Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the case asalso the submissions made across the Bar, I dispose the writ petition withthe following directions: 1. The 2[nd] respondent shall consider and passreasoned orders on Ext.P3 stay petition within aperiod of four months from the date of receipt of acopy of this judgment, after hearing the petitioner. 2. Recovery steps for recovery of amounts confirmed against the petitioner by Ext.P1assessment order shall be kept in abeyance tillsuch time as orders are passed by the 2[nd]respondent as directed above and the ordercommunicated to the petitioner. 3. The petitioner shall produce a copy of the writpetition together with a copy of this judgment,before the 2[nd] respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE APPENDIX PETITIONERS EXHIBITS EXHIBIT -P1 TRUE COPY OF THE ASSESSMENT ORDER FOR THE A.Y.2017-18, DATED 30.11.2019 PASSED BY THE 1ST RESPONDENT EXHIBIT P2- TRUE COPY OF THE FIRST APPEAL DATED 05.01.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3- TRUE COPY OF THE STAY PETITION DATED 07.03.2020 FILED BYTHE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE APPLICATION UNDER SECTION 220(6) OF THE ACT, DATED 07.03.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE