Wp(C)/22318/2017 Of Simon K.francis v. The Principal Chief Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 6TH DAY OF JULY 2017/15TH ASHADHA, 1939 WP(C).No. 22318 of 2017 (L) ---------------------------- PETITIONER(S): ------------- SIMON K.FRANCIS, KUTTIKADAN HOUSE, THOTTATHIL LANE, FATHIMA NAGAR, THRISSUR-680 005. BY ADVS.SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENT(S): -------------- 1. THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, IS PRESS ROAD, CR BUILDING, KACHERIPADY, KOCHI-682018. 2. ASSISTANT COMMISSIONER, INCOME TAX, CIRCLE 1(1), THRISSUR. 3. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION/SPE/ACB, KERALA, KOCHI-682017. KERALA, KOCHI-682017. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001. R1 & R2 BY SRI.K.M.V.PANDALAI, INCOME TAX R3 BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I. R4 BY ADV. SRI.N.NAGARESH, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ADMISSION ON 06-07-2017, THE COURT ON THE SAME ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 : TRUE COPY OF THE FINAL REPORT IN CRIME NO.RC 05(A)2014/CBI/ACB/COCHIN OF SPECIAL JUDGE-I, FOR CBI CASES AT ERNAKULAM.EXHIBIT P2: TRUE COPY OF THE REPRESENTATION DATED 20-7-2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.EXHIBIT P3 : TRUE COPY OF THE JUDGMENT DATED 10-1-2017 OF THIS HON'BLE COURT IN WPC.NO.31350/2016EXHIBIT P4 : TRUE COPY OF THE NOTICE DATED 13-3-2017 UNDER SECTION 221(1) OF THE INCOME TAX ACT1961, ISSUED BY THE ASSISTANT COMMISSIONER, INCOME TAX, THRISSUR.EXHIBIT P5 : TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 16A OF WEALTH TAX ACT 1957 READ WITH SECTION 55A OF THE INCOME TAX ACT 1961 OF THE VALUATION OFFICER, INCOME TAX DEPARTMENT, THIRUVANANTHAPURAM.EXHIBIT P6 : TRUE COPY OF THE ORDER DATED 27.12.2016 OF THE INCOME TAX OFFICER, WARD 1(3), RANGE 1, THRISSUR.EXHIBIT P7 : TRUE COPY OF THE NOTICE DATED 31.03.2016 UNDER SECTION 274 READ WITH SECTION 271(1)(C) OF THE INCOME TAX ACT 1961.EXHIBIT P8 : TRUE COPY OF THE LETTER NO.AACCC5456F/226(3)/CR-1(1)/TCR/2016-17 DATED 22-3-2017 OFTHE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE I(1), THRISSUR TO THE BRANCH MANAGER, SOUTH INDIAN BANK, BAZAR BRANCH, THRISSUR. --------------------------- EXHIBIT P9 : TRUE COPY OF THE REPRESENTATION DATED 17-4-2017 SUBMITTED BY THE PETITIONER ALONG WITH HIS BROTHER BEFORE THE CHIEF COMMISSIONER OF INCOME TAX, COCHIN. EXHIBIT P10 : TRUE COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF EXT P9 REPRESENTATION IN THE OFFICE OF THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS----------------------- NIL TRUE COPY EL P.S. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.22318 Of 2017 -(L ) .............................................................Dated this the 6[th] day of July, 2017 J U D G M E N T The limited prayer in the writ petition is for a direction to the 1[st]respondent, before whom the petitioner has preferred Ext.P9representation, to consider and pass orders on the same, after hearingthe petitioner. 2.I have heard the learned counsel appearing for the petitionerand the learned Standing counsel for the respondents. On a consideration of the facts and circumstances of the case andthe submissions made across the bar, I dispose the writ petition with adirection to the 1[st] respondent to consider and pass orders on Ext.P9representation within a period of one month from the date of receipt of acopy of this judgment, after hearing the petitioner. The petitioner shallproduce a copy of this judgement, together with a copy of the writpetition before the 1[st] respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE