Wp(C)/16572/2024 Of M/S Factum Granites Pvt Ltd v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 25 DAY OF APRIL 2024 / 5TH VAISAKHA, 1946 WP(C) NO. 16572 OF 2024 PETITIONER/S: M/S FACTUM GRANITES PVT LTD,BUILDING NO.18/65, MARAKKAAVU,BLOCK NO.35, ERIMAYUR, PALAKKAD, REPRESENTED BY ITS DIRECTOR, SAJI K.ALIAS,AGED 51, S/O.ALIAS, CHENNOTH KUZHIKANDATHIL, THIRUVANIYOOR. P.O., PIN - 678546BY ADVS.DINESH R.SHENOYVISHAKHA J. BUILDING NO.18/65, MARAKKAAVU,BLOCK NO.35, ERIMAYUR, RESPONDENT/S: THE COMMISSIONER OF INCOME TAX (APPEALS)OFFICE OF PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD,COCHIN., PIN - 682018 OFFICE OF PRINCIPAL COMMISSIONER OF INCOME TAX, NAVANEETH. S. NAIR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Being aggrieved by the Ext.P4 assessment orderpertaining to the assessment year 2021-2022, thepetitioner submitted Ext.P5 appeal and Ext.P6 staypetition, which is now pending before the respondent. The grievance of the petitioner is that, recoveryproceedings pursuant to Ext.P4 is being pursued,despite the fact that an amount of Rs.13,20,000/-has already been seized from the petitioner as perEx.P8 seizure inventory. The learned counsel is alsoplacing reliance upon Ext.P10 judgment passed by thisCourt in similar circumstances. 2. After hearing the learned counsel for thepetitioner and learned Standing Counsel for therespondent, I am of the view that, since Ext.P5appeal and P6 stay petition are pending considerationbefore the respondent, it is only proper that adecision thereon be taken on the same within a timelimit. The fact that an amount which is higher thanthe amount is demanded as per Ext.P4 is already WP(C) NO. 16572 OF 2024 3 seized from the petitioner is also yet another reason, which prompts this Court to stay the recoveryproceedings against the petitioner for the timebeing. In such circumstances, it is ordered that the respondent shall take up Ext.P6 stay petition and pass appropriate orders thereon, within a period ofone month from the date of receipt of a copy of this judgment. Till a decision is taken, the recoveryproceedings pursuant to Ext.P4 shall be kept inabeyance. msp Sd/- ZIYAD RAHMAN A.A. JUDGE APPENDIX OF WP(C) 16572/2024