Wp(C)/18372/2024 Of M/S. Blue Stone Metals v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 23 DAY OF MAY 2024 / 2ND JYAISHTA, 1946 WP(C) NO. 18372 OF 2024 PETITIONER/S: M/S. BLUE STONE METALSEGP/2/215 B, CHELAKKODE, EDAYOOR, MALAPPURAM . REPRESENTEDBY ITS MANAGING PARTNER, KUNNATH SHARAFUDHEEN, PIN - 676552BY ADVS.R.SREEJITH K.KRISHNAACHYUTH MENONPADMANATHAN K.V. RESPONDENTS: 1THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, KOCHI CENTRAL REVENUE BUILDING, IS PRESSROAD, KOCHI, PIN - 682018ROAD, KOCHI, PIN - 682018 2COMMISSIONER OF INCOME TAX (APPEALS)INCOME TAX DEPARTMENT, PANAMPILLY NAGAR, KOCHI, PIN – 682036INCOME TAX DEPARTMENT, PANAMPILLY NAGAR, KOCHI, PIN – 682036 BY SC- SRI.NAVANEETH N. NATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: WPC 18372/2024 JUDGMENT Against Ext.P1 assessment order passed by the 1[st] respondent for the year 2021-2022, the petitionerhas preferred Ext.P2 appeal before the 2[nd]respondent invoking the provisions under Section246 A of the Income Tax Act. The petitioner hasalso preferred Ext.P3 say petition. The grievance ofthe petitioner is that pending the stay petition, stepshave been taken to recover the amount covered byExt.P1. 2.Since Ext.P2 is a statutory appeal, therewill be a direction to the 2[nd] respondent to considerExt.P3 stay petition as expeditiously as possible, atany rate, within a period of two months from the dateof receipt of a copy of this judgment. Till orders are WPC 18372/2024 passed on Ext.P3, all recovery proceedings pursuant to Ext.P1 shall be deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE al/-. WPC 18372/2024 APPENDIX OF WP(C) 18372/2024 PETITIONER EXHIBITSExhibit P1COPY OF ASSESSMENT ORDER ISSUED BY THE 1STERESPONDENT FOR THE YEAR 2020-21 DTD. 15-06-2023Exhibit P2COPY OF APPEAL FILED BY THE PETITIONER BEFORETHE 2ND RESPONDENT DTD. 13-07-2023Exhibit P3COPY OF STAY PETITION WITH A COVERING LETTERFILED BY THE PETITIONER BEFORE THE 2NDRESPONDENT DTD. 15-05-2024Exhibit P4COPY OF JUDGMENT IN WPC NO. 29879/2023 OFTHIS HON'BLE COURT DTD. 20-09-2023