Wp(C)/31898/2018 Of K.hamza v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 01ST DAY OF OCTOBER 2018 / 9TH ASWINA, 1940WP(C).No. 31898 of 2018 PETITIONER: K.HAMZAKUTTANKAVIL, PAZHAYANGADI, KONDOTTY POST, MALAPPURAM - 673 638. BY ADVS.SRI.ANIL D. NAIRSRI.ACHYUT K PADMARAJSMT.ARYA ANILSMT.NILOOFAR O. NIZAMSRI.SREEJITH r. nair RESPONDENT: THE DEPUTY COMMISSIONER OF INCOME TAXCIRCLE - 1, TIRUR - 678 101, MALAPPURAM SMT. TUSHARA JAMES, G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner, challenging Ext.P4 order, dated30.07.2018 issued by the respondent, approached this Court.Petitioner's contention is that the order was passed withoutgiving an opportunity to the petitioner. Having consideredthe facts and circumstances of the case, Ext.P4 is set aside.Petitioner shall appear before the respondent on 22.10.2018at 11.00am. and thereafter proceedings shall be completed, inaccordance with law. The writ petition is disposed of, as above. Sd/- A.MUHAMED MUSTAQUEJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED 12.03.2015 FOR THE A.Y.2012-13 ISSUED TO THE PETITIONER BY THE RESPONDENT. EXHIBIT P2TRUE COPY OF THE ORDER DATED 31.08.2016 OF THECOMMISSIONER OF INCOME TAX (APPEALS), COIMBATORE. EXHIBIT P3TRUE COPY OF THE ORDER DATED 29.01.2018 OF THEINCOME TAX APPELLATE TRIBUNAL, KOCHI. EXHIBIT P4TRUE COPY OF THE ORDER DATED 30.07.2018 ISSUEDTO THE PETITIONER BY THE RESPONDENT. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// SKK P.A. TO JUDGE