Wp(C)/23037/2011 Of C.p.vasudevan Nair v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 23037 of 2011(D) -------------------------- PETITIONER: ------------------ C.P.VASUDEVAN NAIR,“SREEPARAMESWARAM”,KUMARAPURAM,TRIVANDRUM, REP.BY POA HOLDER MS.DEEPA NAIR. BY ADV. SRI.T.M.SREEDHARAN, SENIOR ADVOCATE SMT.NISHA JOHN SRI.V.P.NARAYANAN RESPONDENT(S): ----------------------- 1.ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-2,“DEVI KRIPA”, PALLIMUKKU,PETTAH P.O.,TRIVANDRUM – 695 024. 2.THE COMMISSIONER OF INCOME TAX(APPEALS),'AYAKAR BHAVAN', KAUDIAR,TRIVANDRUM – 695 003. BY STANDING COUNSEL SHRI JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO. 23037/11 PETITIONER'S EXTS: EXT.P1:COPY OF ASSESSMENT ORDER DT.31.12.09 OF THE ASSISTANT DIRECTOROF INCOME TAX(INV.), TRIVANDRUM.OF INCOME TAX(INV.), TRIVANDRUM. EXT.P2:COPY OF MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORETHE 2ND RESPONDENT DT.NIL.THE 2ND RESPONDENT DT.NIL. EXT.P3:COPY OF ORDER DT.8.3.10 PASSED BY THE FIRST RESPONDENT. EXT.P4:COPY OF LETTER NO.AEKPP 3218D-CC-2/TVM/2010-11 FROM THE FIRSTRESPONDENT DT.12.7.11.RESPONDENT DT.12.7.11. EXT.P5:COPY OF LETTER NO.AEKPP 3218D-CC-2/TVM/2010-11 FROM THE FIRSTRESPONDENT DT.1.8.11.RESPONDENT DT.1.8.11. EXT.P6:COPY OF LETTER DT.29.7.11 SUBMITTED BY THE PETITIONER BEFORE THE1ST RESPONDENT.1ST RESPONDENT. EXT.P7:COPY OF LETTER DT.29.7.11 SUBMITTED BY THE PETITIONER BEFORE THE1ST RESPONDENT.1ST RESPONDENT. EXT.P8:COPY OF STAY PETITOIN DT.17.8.11 SUBMITTED BY THE PETITIONERBEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.23037 Of 2011 -------------------------------------------------- DATED THIS THE 24[th] DAY OF AUGUST, 2011 J U D G M E N T The petitioner is an assessee to income tax. It is pointed out that assessment proceedings were initiated against thepetitioner pursuant to a search under Section 132 of the IncomeTax Act on 11.10.2007. The dispute relates to sale of an item ofimmovable property by a registered sale deed for a considerationof Rs.6,94,65,000/-. The copy of the assessment order has beenproduced as Exhibit P1. 2.Various contentions have been raised by the petitionerherein. Exhibit P2 is the appeal filed by the petitioner before the2[nd] respondent and Exhibit P8 is the stay petition. It is averred inthe Writ Petition that the stay petition was posted for hearingtoday. The learned counsel submitted that it stands adjourned,since no hearing was conducted this day. 3.Heard the learned Standing Counsel for theDepartment. 4.It is submitted by the learned Standing Counsel for the W.P.(C)No.23037/11 Department that the assessment is justified. 5.The learned counsel for the petitioner prayed that tillthe stay petition is heard and disposed of, further action may bekept in abeyance. 6.There will be a direction to the 2[nd] respondent toconsider and pass orders on the stay petition Exhibit P8 within aperiod of one month and till then further action pursuant toExhibit P1 will be kept in abeyance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn