Wp(C)/30778/2018 Of Fousiya M v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY,THE 19TH DAY OF SEPTEMBER 2018 / 28TH BHADRA, 1940 WP(C).No. 30778 of 2018 PETITIONER/S: FOUSIYA MAGED 45 YEARS 20/92, KADAVALAVU, THATHAMANGALAM, PALAKKAD, KERALA. BY ADV. SRI.T.R.RAJAN RESPONDENT/S: 1INCOME TAX OFFICERWARD NO.5, PALAKKAD, PIN-678014 2THE ASSISTANT COMMISSIONER, INCOME TAXCPC , P.B.NO.2, ELECTRONIC CITY POST OFFICE, BANGALORE, PIN-560100.3THE INCOME TAX OFFICER (CPC)POST BAG NO.1, ELECTRONIC CITY POST OFFICE, BANGALORE, PIN-560100. 4THE CENTRAL BOARD OF DIRECT TAXES (INCOME TAX),ARA CENTRE, E/2, JHANDEWALAN, EXTENSION, NEW DELHI, REPRESENTED BY ITS CHAIRMAN, PIN-110055. OTHER PRESENT: JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner, an asseee, filed the Ext.P3 rectification petition along with Ext.P5 delay condonation petition. With no response from the fourthrespondent, the petitioner again filed the Ext.P7 delay condonationpetition. 2. Seeking an early disposal of both Exts.P5 and P7 delay condonationpetitions, the petitioner has filed this writ petition. 3. In response to the submissions made by the petitioner's counsel, theStanding Counsel submits that the petitioner's application is hopelesslybarred by limitation. At any rate, he assures the Court that the authoritieswill consider the application on merits and pass appropriate orders, at theearliest. With these observations, I dispose of the writ petition. Sd/- DAMA SESHADRI NAIDU JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE INTIMATION U/S.143(1) OF THE INCOME TAX ACT DATED 21/3/2011 ISSUED TOTHE PETITIONER BY THE SECOND RESPONDENT(RELEVANT PAGES). EXHIBIT P2TRUE COPY OF THE COMMUNICATION DATED 06/08/2011 OF THE PETITIONER TO THE THIRD RESPONDENT. 06/08/2011 OF THE PETITIONER TO THE THIRD EXHIBIT P3 TRUE COPY OF THE RECTIFICATION PETITION WPC No.30778 of 2018 3 DATED 30/06/2015 SUBMITTED BY THE PETITIONERBEFORE THE FIRST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 03/03/2016 OF THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT P5TRUE COPY OF THE PETITION DATED 09/06/2016 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT. EXHIBIT P6TRUE COPY OF THE CIRCULAR NO.9/2015 DATED 09/06/2015 ISSUED BY THE FOURTH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE PETITION DATED 07/09/2017 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT.