Wp(C)/32697/2008 Of Padinjarekara Agencies Pvt.ltd v. Asst.commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST DAY OF NOVEMBER 2012/30TH KARTHIKA 1934 WP(C).No. 32697 of 2008 (P) --------------------------- PETITIONER:----------- PADINJAREKARA AGENCIES PVT.LTD., KOTTAYAM REPRESENTED BY ITS MANAGING DIRECTOR MR.P.C.ABRAHAM. BY ADVS.SRI.P.BALAKRISHNAN (E) SRI.RAMESH CHERIAN JOHN RESPONDENTS: ----------- 1. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, KOTTAYAM. 2. ADDITIONAL COMMISSIONER OF INCOME TAX KOTTAYAM RANGE, KOTTAYAM. RR BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32697 of 2008 (P) APPENDIX PETITIONER'S EXHIBITS: P1:TRUE COPY OF THE COMPUTATION STATEMENT AND ACKNOWLEDGMENT FORM NO.1 OF RETURN BY THE RESPONDENT. NO.1 OF RETURN BY THE RESPONDENT. P2:TRUE COPY OF THE ANNUAL ACCOUNTS FOR ASST. YEAR 2005-06.P3:TRUE COPY OF THE INTIMATION U/S 143(1)P3:TRUE COPY OF THE INTIMATION U/S 143(1) P3(A):TRUE COPY OF THE CERTIFICATE DATED 16.9.2008 ISSUED BY THE VILLAGE OFFICER, KUMARAKOM CERTIFYING that THE LAND SOLD BY THE PETITIONER IS AGRICULTURE LAND.VILLAGE OFFICER, KUMARAKOM CERTIFYING that THE LAND SOLD BY THE PETITIONER IS AGRICULTURE LAND. P4:TRUE COOPY OF THE NOTICE U/S. 148. P5:TRUE COPY OF THE LETTER DISCLOSING THE REASONS RECORDED DATED 18.7.2007.18.7.2007. P6:TRUE COPY OF THE COMPUTATION OF PROFIT ON SALE OF ASSETS OF RS.4,52,90,618/-RS.4,52,90,618/- P7:TRUE COPY OF THE OBJECTION DATED 10.9.2007 FILED BY THE PETITIONER. PETITIONER. P7(A): TRUE COPY OF THE OBJECTION DATED 10.9.2008 FILED BY THE PETITIONER. PETITIONER. P8:TRUE COPY OF THE ORDER DATED 1.7.2008. P9:TRUE COPY OF THE LETTER DATED 9.7.2008 P10:TRUE COPY OF THE LETTER DATED 21.8.2008 ISSUED BY THE 1ST RESPONDENT. RESPONDENT. P11:TRUE COPY OF THE LETTER DATED 27-8-29/08 ISSUED BY THE PETITIONER.P12:TRUE COPY OF THE PETITION DAETD 22.9.2008 FILED BY THE PETITIONER P13:TRUE COPY OF THE DIRECTION DATED 23.10.2008 ISSUED BY THE 2ND RESPONDENT. P12:TRUE COPY OF THE PETITION DAETD 22.9.2008 FILED BY THE PETITIONER P13:TRUE COPY OF THE DIRECTION DATED 23.10.2008 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// Scl. PA TO JUDGE -------------------------------- W.P.(C)No.32697 of 2008 ------------------------------------- Dated this the 21[st] day of November, 2012 JUDGMENT The writ petition was filed challenging Ext.P4 notice underSection 148 of the Income Tax Act. By order dated 07.11.2008,this Court gave liberty to respondents to proceed with theassessment on the basis of the impugned notice and conclude it.However, it was ordered that the amounts due thereunder shallnot be recovered. Counsel for the petitioner states that inpursuance to the said order, assessment was completed and thatthe petitioner filed an appeal against the assessment order. It isalso stated that the 1[st] Appellate Authority, the Commissioner ofAppeals heard the appeal on 07.04.2010 and that orders areawaited. In the light of the submissions thus made, I direct that the recovery pursuant to assessment order will stand stayed tillorders are passed by the Appellate Authority on the appeal filedby the petitioner against the assessment order passed inpursuant to Ext.P4 notice. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE