Wp(C)/19821/2020 Of Finsree Sales And Services Limited v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942 WP(C).No.19821 OF 2020(C) PETITIONER/S: FINSERE SALES AND SERVICES LIMITED1ST FLOOR, SAGARASREE COMPLEXOPP. ASOKA THEATRE, SOUTH NADAKODUNGALLUR, THRISSUR-680 664REPRESENTED BY ITS MANAGING DIRECTOR MR. K.P BINU BY ADVS.SRI.ANIL D. NAIRSREEJITH R NAIRTELMA RAJUSRI HARINI S.P RESPONDENT/S: 1INCOME TAX OFFICER, WARD-1(1)THRISSUR- 680 0012THE COMMISSIONER OF INCOME TAX.AAYAKAR BHAVAN, RANGE-1S.T NAGAR, THRISSUR- 680 001 OTHER PRESENT: GP DR. THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON24.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 JUDGMENT The petitioner has preferred Exts.P3 to P5 applications before the 2ndrespondent under Section 119(2) of the Income Tax Act for condoning a delay inthe filing of returns. The limited prayer at this stage is for a direction to the 2ndrespondent to consider and pass orders on the same expeditiously, after hearingthe petitioner. 2. Heard the learned counsel for the petitioner and also the learnedGovernment Pleader for the respondents. On a consideration of the facts andcircumstances of the case and the submissions made across the Bar, I dispose thewrit petition with a direction to the 2nd respondent to consider and pass orders onExts.P3 to P5 applications preferred by the petitioner within an outer limit of fourweeks from the date of receipt of a copy of this judgment, after hearing thepetitioner. The petitioner shall produce a copy of the writ petition together with acopy of the judgment before the 2nd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIARJUDGE SJ 3 PETITIONER'S/S EXHIBITS: APPENDIX EXHIBIT P1 TRUE COPY OF THE ACKNOWLEDGEMENT OF FILING RETURNS FOR THE ASSESSMENT YEAR 2010-11 EXHIBIT P2TRUE COPY OF THE ACKNOWLEDGEMENT OF FILING RETURNS FOR THE ASSESSMENT YEAR 2011-12RETURNS FOR THE ASSESSMENT YEAR 2011-12 EXHIBIT P3TRUE COPY OF APPLICATION DATED 1.02.2016 FILED BEFORE THE 2ND RESPONDENTFILED BEFORE THE 2ND RESPONDENT EXHIBIT P4TRUE COPY OF THE SEPARATE APPLICATION DATED22.12.2017 FILED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE A.Y.2010-1122.12.2017 FILED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE A.Y.2010-11 EXHIBIT P5TRUE COPY OF SEPARATE APPLICATION DATED 22.12.2017 FILED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE A.Y2011-1222.12.2017 FILED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE A.Y2011-12 EXHIBIT P6TRUE COPY OF REMINDER DATED 13.03.2018 FILED BEFORE THE 1ST RESPONDENTFILED BEFORE THE 1ST RESPONDENT EXHIBIT P7TRUE COPY OF REMINDER DATED 13.03.2018 FILED BEFORE THE 1ST RESPONDENTFILED BEFORE THE 1ST RESPONDENT EXHIBIT P8TRUE COPY OF LETTER DATED 9.07.2018 ISSUED BY THE 1ST RESPONDENTBY THE 1ST RESPONDENT EXHIBIT P9TRUE COPY OF POSTING NOTICE DATED 15.10.2018 ISSUED BY THE 2ND RESPONDENT.15.10.2018 ISSUED BY THE 2ND RESPONDENT.