Wp(C)/29060/2022 Of Thomas George Muthoot v. The Commissioner Of Income Tax (Appeals)
High Court
06 Sep 2022 In favour of: Unclear
Forum / Bench
High Court · highcourtofkerala
Parties
Wp(C)/29060/2022 Of Thomas George Muthoot v. The Commissioner Of Income Tax (Appeals)
Date of order
06 Sep 2022
Assessment year(s)
2020-21
Outcome
Other
Case summary
In Wp(C)/29060/2022 Of Thomas George Muthoot v. The Commissioner Of Income Tax (Appeals), the High Court (2022) decided the matter.
Decision: As statutory appeal is pending, it will be only just In these circumstances, the writ petition is disposed of directing the 1[st] respondent to consider Ext.P3 appeal andExt.P4 stay petition and dispose of the same in accordancewith law.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6 DAY OF SEPTEMBER 2022/ 15TH BHADRA, 1944
WP(C) NO. 29060 OF 2022
PETITIONER:THOMAS GEORGE MUTHOOTAGED 60 YEARSS/O MATHEW M THOMAS, MUTHOOT TOWERS, M G ROADERNAKULAM, PIN - 682016BY ADVS.G.HARIKUMAR (GOPINATHAN NAIR)AKHIL SURESHANU BALAKRISHNAN NAMBIARATHUL M.V.RESPONDENTS:1THE COMMISSIONER OF INCOME TAX (APPEALS) III POORNIMA, 28/243, NEAR MANORAMA JUNCTION,PANAMPILLY NAGAR,KOCHI, PIN - 6820362DEPUTY COMMISSIONER OF INCOME TAXCENTRAL CIRCLE, AYAKAR BHAVAN,KOWDIAR P O, TRIVANDRUM, PIN – 695003SHRI.JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KeralaTHIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 06.09.2022, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
..2..
JUDGMENT
Dated this the 06[th] day of September, 2022
Against Ext.P1 notice of demand under Section 156 ofthe Income Tax Act, 1961, the petitioner has preferred Ext.P3appeal and Ext.P4 stay petition.
2.Heard the learned counsel for the petitioner and thelearned Standing Counsel representing the respondents.
3.As statutory appeal is pending, it will be only justand proper that coercive proceedings, if any, are deferred tillstay petition of the petitioner is considered.
As statutory appeal is pending, it will be only just
In these circumstances, the writ petition is disposed of
directing the 1[st] respondent to consider Ext.P3 appeal andExt.P4 stay petition and dispose of the same in accordancewith law. Ext.P3 appeal and Ext.P4 petition shall beconsidered within a period of two months. Coerciveproceedings, if any, shall be deferred till the disposal of Ext.P4.
Sd/-
skj
N. NAGARESH, JUDGE
..3..
APPENDIX OF WP(C) 29060/2022
PETITIONER'S EXHIBITSExhibit P1Exhibit P2Exhibit P3Exhibit P4Exhibit P5
TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2020-21 DATED 30.03.2022.TRUE COPY OF STAY PETITION TO THE 2ND RESPONDENT DATED 15.07.2022TRUE COPY OF THE APPEAL TO THE 1ST RESPONDENT DATED 22.04.2022.TRUE COPY OF THE PETITION FOR STAY TO THE 1ST RESPONDENT DATED 21.07.2022.TRUE COPY OF THE JUDGMENT IN WP (C) NO.20772/2022 DATED 27.06.2022 OF THISCOURT.
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