Wp(C)/25489/2015 Of M/S.time Ads And Publicity v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 WP(C).No. 25489 of 2015 (I) ---------------------------- PETITIONER :----------------------- M/S.TIME ADS & PUBLICITY, PARAMMEL HOUSE, SHENOY ROAD, KALOOR, ERNAKULAM NORTH, KOCHI-682 017, REPRESENTED BY ITS PARTNER, P.A.SEBASTIAN. BY ADVS.SRI.M.R.ANISON SMT.K.P.GEETHA MANI SMT.P.A.RINUSA SMT.ANNIE JACOB RESPONDENT(S): ---------------------------- 1. THE COMMISSIONER OF INCOME TAX, (CENTRAL), REVENUE BUILDING, I.S.PRESS ROAD, COCHIN-682 018 (CENTRAL), REVENUE BUILDING, I.S.PRESS ROAD, COCHIN-682 018 2. THE COMMISSIONER OF INCOME TAX (APPEALS) -II, KERALA BHAVAN, ERNAKULAM SOUTH, KOCHI-682 016. KERALA BHAVAN, ERNAKULAM SOUTH, KOCHI-682 016. 3. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-2 (2), 405, 4TH FLOOR, C.R.BUILDING, I.S.PRESS ROAD, KOCHI-682 018 405, 4TH FLOOR, C.R.BUILDING, I.S.PRESS ROAD, KOCHI-682 018 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO.25489/2015 APPENDIX PETITIONER'S EXHIBITS: P1COPY OF THE RELEVANT PAGES OF THE LEDGER SHOWING THE PERSONAL INCOME OF MR.P.A.SEBASTIAN FOR THE ASSESSMENT YEAR 2012-13.INCOME OF MR.P.A.SEBASTIAN FOR THE ASSESSMENT YEAR 2012-13. P2COPY OF THE INDIVIDUAL ASSESSMENT ORDER OF MR.P.A.SEBASTIAN FOR THE ASSESSMENT YEAR 2012-13THE ASSESSMENT YEAR 2012-13 P3COPY OF THE RELEVANT PAGES OF THE LEDGER SHOWING THE CASH TRANSACTIONS BY THE PETITIONER CONCERN DURING THE ASSESSMENT YEAR 2012-2013.TRANSACTIONS BY THE PETITIONER CONCERN DURING THE ASSESSMENT YEAR 2012-2013. P4COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2012-2013 DATED 25/3/2015DATED 25/3/2015 P5COPY OF THE NOTICE DATED 28/03/2015 P6COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENTRESPONDENT RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE A.MUHAMED MUSTAQUE, J. ***************************************************************************** W.P.(C) No.25489 of 2015******************************************************************************Dated this the 20[th] day of August, 2015 ****************************************************************************** JUDGMENT The petitioner, as against Ext.P4 assessment order, haspreferred an appeal along with stay application before the secondrespondent. The petitioner has approached this Court alleging thatrecovery proceedings are initiated to recover the amount. 2.The learned standing counsel appearing for the Bankrefuted the allegation of the petitioner and submits that no recoveryhas been initiated sofar and Ext.P5 is only a notice of demandunder Section 156 of the Income Tax Act. Considering the facts and circumstances, there shall be adirection to the second respondent to consider the stay applicationwithin three months. Till the disposal of the stay application,recovery proceedings initiated against the petitioner shall bedeferred. The petitioner is directed to produce a copy of thisjudgment along with the writ petition before the second respondent. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE, JUDGE