Wp(C)/3471/2023 Of M/S Lividus Pharmaceuticals Pvt Ltd v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 7 DAY OF FEBRUARY 2023 / 18TH MAGHA, 1944WP(C) NO. 3471 OF 2023 PETITIONER: M/S LIVIDUS PHARMACEUTICALS PVT LTD,KP- IV/1463, PRESTIGE MANSISON PADA SOUTH KARUNAGAPPALY,KOLLAM KERALA - 695018, REPRESENTED BY ITS MANAGING DIRECTOR MR. FIROSE YOOSUF. BY ADVS.LEEJOY MATHEW.V.SABU S.KALLARAMOOLA RESPONDENTS: 1THE COMMISSIONER OF INCOME TAX, OFFICE OF THE COMMISSIONER OF INCOME TAX, CR BUILDING, IS PRESS ROAD, COCHIN-682018. 2THE ASSESSING OFFICEROFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE AAYAKAR BHAVAN, INCOME TAX OFFICE, OFFICE OF THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE AAYAKAR BHAVAN, INCOME TAX OFFICE, NEAR KARBALA JUNCTION, RAILWAY STATION ROAD, KOLLAM, PIN – 691001.PIN – 691001. 3THE COMMISSIONER OF INCOME TAX (APPEALSNATIONAL E- ASSESSMENT CENTRE, DELHI – 110003. SRI. JOSE JOSEPH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON07.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAVI, J. -------------------------------------------- -------------------------------------------- Dated this the 07[th] day of February, 2023 JUDGMENT Admit. Standing Counsel takes notice for the respondents. 2.The petitioner has challenged Ext.P1 Assessment Orderin Ext.P4 appeal. He has also preferred Ext.P5 application for stayof coercive proceedings for recovery of the tax assessed. Theprayer is for consideration of the appeal and stay petition beforeinitiating coercive steps. In view of the limited prayer made, this writ petition isdisposed of directing the 3[rd] respondent to consider and passorders on Ext.P5 application for stay in Ext.P4 appeal at theearliest, at any rate, within two months from the date of receipt ofa copy of this judgment. The coercive steps for recovery shall bekept in abeyance till disposal of the application as directed above. Sd/- T.R.RAVI JUDGE APPENDIX OF WP(C) 3471/2023 PETITIONER’S EXHIBITS Exhibit P 1A TRUE COPY OF THE ASSESSMENT ORDER ISSUEDUNDER SEC 147 VIDE NO. ITBA/AST/S/147/2021-22/1041467854(1) DATED9.3.2022. Exhibit P 2A TRUE COPY OF THE DEMAND NOTICE VIDE NO. ITBA/AST/S/156/2021-22/1041469158(1) DATED9.3.2022. Exhibit P3A TRUE COPY OF THE RECTIFICATION ORDER U/S154 R/W147 DATED 18.11.2022. Exhibit P4A TRUE COPY OF THE APPEAL MEMORANDUM DATED23.4.2022 FILED BEFORE THE 3RD RESPONDENT. Exhibit P 5A TRUE COPY OF THE RECEIPT OF FILING THE STAY PETITION VIDE ACKNOWLEDGMENT NUMBER: 946275521020223.STAY PETITION VIDE ACKNOWLEDGMENT NUMBER: 946275521020223.