Wp(C)/16852/2024 Of Benny John v. The Commissioner Of Income Tax (Appeals)
High Court
03 May 2024 In favour of: Unclear
Forum / Bench
High Court · highcourtofkerala
Parties
Wp(C)/16852/2024 Of Benny John v. The Commissioner Of Income Tax (Appeals)
Date of order
03 May 2024
Assessment year(s)
2015-2016
Outcome
Other
Case summary
In Wp(C)/16852/2024 Of Benny John v. The Commissioner Of Income Tax (Appeals), the High Court (2024) decided the matter.
Decision: 2.Having heard the learned counsel for the petitionerand the learned Standing Counsel for the respondents, thiswrit petition is disposed of with a direction to the 1[st]respondent to consider Ext.P4 stay petition and pass orderswithin a period of two months from today.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 3 DAY OF MAY 2024 / 13TH VAISAKHA, 1946
WP(C) NO. 16852 OF 2024
PETITIONER:
BENNY JOHN ,AGED 60 YEARSKOTTAYAM, PIN - 686613
S/O JOHN, ARUKKUZHUPPIL HOUSE, PARAMBRA, KAPPUMTHALA P.O,
BY ADV C.A.JOJO
RESPONDENTS:
1THE COMMISSIONER OF INCOME TAX (APPEALS),
NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK,
NEW DELHI, PIN - 110001
2THE INCOME TAX OFFICER,
NATIONAL FACELESS ASSESSMENT CENTRE,NORTH BLOCK,
NEW DELHI, PIN - 110001
3THE INCOME TAX OFFICER,KOTTAYAM-686001KOTTAYAM-686001
INCOME TAX OFFICE, WARD 1, PUBLIC LIBRARY BUILDING,
SRI.JOSE JOSEPH - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 3[rd] day of May, 2024
The Income Tax Department has initiatedproceedings against the petitioner for the assessment year2015-2016. Thereafter, Ext.P1 assessment order was passed.Challenging Ext.P1, the petitioner preferred Ext.P3 appealbefore the 1[st] respondent. The petitioner has also movedExt.P4 stay petition. Exts.P3 and P4 are pending before the1[st] respondent. The grievance of the petitioner is that, in themeanwhile, the 3[rd] respondent is initiating steps for recoveryof demand as per the demand notice in Ext.P2 order. Thelimited prayer of the petitioner is to give a direction to the 1[st]respondent to consider and dispose of Ext.P3 appeal andExt.P4 stay petition.
2.Having heard the learned counsel for the petitionerand the learned Standing Counsel for the respondents, thiswrit petition is disposed of with a direction to the 1[st]respondent to consider Ext.P4 stay petition and pass orderswithin a period of two months from today. Till then, therecovery proceedings against the petitioner for recovery of
W.P.(C).No. 16852 of 2024
3
the amount confirmed against him by Ext.P1 order shall be
kept in abeyance.
Sd/-
SK
DR. KAUSER EDAPPAGATHJUDGE
APPENDIX OF WP(C) 16852/2024
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