Wp(C)/33625/2023 Of Esatto Builders Private Limited v. Income Tax Appellate Tribunal

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH THURSDAY, THE 12 DAY OF OCTOBER 2023 / 20TH ASWINA, 1945WP(C) NO. 33625 OF 2023 PETITIONER: ESATTO BUILDERS PRIVATE LIMITED28/229-A5,229 A6 JP COMPLEX, NEAR CIVIL STATION, QUILANDY KOZHIKKODE, KERALA,REPRESENTED BY AUTHORISED SIGNATORYDIJIN T.V, PIN – 673 305.BY ADV JESTIN MATHEW RESPONDENTS: 1INCOME TAX APPELLATE TRIBUNALKOCHI, 1ST FLOOR, BLOCK C-1 AND C-LL, KENDRIYA BHAVAN, KAKKANAD, KERALA,, PIN – 682 030.KOCHI, 1ST FLOOR, BLOCK C-1 AND C-LL, KENDRIYA BHAVAN, KAKKANAD, KERALA,, PIN – 682 030. 2NATIONAL FACELESS ASSESSMENT CENTRE (NFAC)INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, INSIDE JAWAHARLAL NEHRU STADIUM, NEW DELHI,, PIN – 110 001.INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, INSIDE JAWAHARLAL NEHRU STADIUM, NEW DELHI,, PIN – 110 001.3ASSISTANT COMMISSIONER OF INCOME TAXOFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(1), KOZHIKODE, PIN – 673 001.OFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(1), KOZHIKODE, PIN – 673 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DINESH KUMAR SINGH, J. --------------------------------------------------------- W.P.(C). No. 33625 of 2023 --------------------------------------------------------- Dated this the 12[th] day of October, 2023. JUDGMENT The present writ petition has been filed by the petitioner seeking a direction to the first respondent i.e., the Income Tax AppellateTribunal, Kochi to consider Exhibit P4 appeal, ITA No. 559/2023, andExhibit P5 stay petition and pass appropriate orders in accordance withlaw, after affording an opportunity of hearing to the petitioner. 2. The assessment under Section 143(3) of the Income Tax Act, 1961 (‘Act, 1961’ for short) for the assessment year 2012-2013was finalised vide Exhibit P1 assessment order dated 30.03.2015. Thetotal income of the petitioner for the purpose of assessment wasfinalised at Rs.1,88,38,176/- and Exhibit P2 notice was issued to thepetitioner demanding tax amount of Rs.82,93,890/-. 3. Aggrieved by the same, the petitioner has filed an appealunder Section 250 of the Act, 1961 before the National FacelessAssessment Centre, respondent No.2. The appellate authority, videExhibit P3 order dated 15.05.2023, dismissed the appeal holding thatthe petitioner failed to substantiate its claim and confirmed theadditions made to the returned income by the assessing authority. : 3 : Impugning the said order passed by the first appellate authority, thepetitioner has filed Exhibit P4 appeal before the Income Tax AppellateTribunal, Kochi. 4. Admittedly, the petitioner has not made the required predeposit of the assessed tax for entertaining the application for stay.The learned counsel for the petitioner submits that the petitioner willdeposit the required pre deposit of tax within a period of 10 days fromtoday. 5. Considering the said submission, the present writ petition isdisposed of, with liberty to the petitioner to make deposit of therequired pre deposit of the assessed tax within ten days from today. Ifthe petitioner makes the payment as directed above, Exhibit P5application for stay filed by the petitioner along with Exhibit P4 appealshall be heard and decided on merits expeditiously, after giving anopportunity of hearing to the petitioner. For a period of 15 days, nocoercive steps shall be taken against the petitioner pursuant to ExhibitP1 assessment order. Writ petition stands finally disposed of. sd/- DINESH KUMAR SINGH, JUDGE. APPENDIX OF WP(C) 33625/2023 PETITIONER’S EXHIBITS: RESPONDENTS’ EXHIBITS:NIL True Copy PS To Judge. rv