Wp(C)/3554/2017 Of M/S.fine Gold v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 9TH DAY OF FEBRUARY 2017/20TH MAGHA 1938 WP(C).No. 3554 of 2017 (T) --------------------------- PETITIONER(S): ------------- 1. M/S.FINE GOLD C/O.SRI.K.P.ASSAN, PARTNER, 'BUSHRAS', LINK ROAD, TALIPARAMBA - 670141. 2. SRI.KADAVATH PEEDIKAYIL ASSAN 'BUSHRAS', LINK ROAD, TALIPARAMBA - 670 141. BY ADV. SRI.S.ARUN RAJ RESPONDENT(S): -------------- 1. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1, KANNUR RANGE, KANNUR - 670 006. 2. COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, MANANCHIRA, CALLICUT - 673 001. CALLICUT - 673 001. 3. THE CENTRAL BOARD OF DIRECT TAXES, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI - 110001, REPRESENTED BY ITS DIRECTOR (ITCC). NEW DELHI - 110001, REPRESENTED BY ITS DIRECTOR (ITCC). 4. THE PRINCIPAL COMMISSIONER OF INCOME TAX AAYAKAR BHAVAN, MANANCHIRA, CALICUT-673001. CALICUT-673001. 5. TAX RECOVERY OFFICER AAYAKAR BHAVAN, MANANCHIRA, CALICUT-673001. CALICUT-673001. BY SRI.K.M.V.PANDALAI, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3554 of 2017 (T) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT-P1: TRUE COPY OF ASSESSMENT ORDER DATED 29.3.2014 PASSED U/S 143(3) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY 2011-2012.PASSED U/S 143(3) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY 2011-2012. EXHIBIT-P2: TRUE COPY OF THE APPEAL MEMORANDUM ALONG WITH THE GROUNDS OF APPEAL FOR THE AY 2011-2012.THE GROUNDS OF APPEAL FOR THE AY 2011-2012. EXHIBIT-P3: TRUE COPY OF THE JUDGMENT DATED 21.12.2015 IN WP(C) NO.38915/2015 PASSED BY THIS HONOURABLE COURT.WP(C) NO.38915/2015 PASSED BY THIS HONOURABLE COURT. EXHIBIT-P4: TRUE COPY OF THE OFFICE MEMORANDUM F.NO.404/72/93-ITCC DATED 29TH FEBRUARY 2016 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES, MINISTRY OF FINANCE, GOVERNMENT OF INDIA.F.NO.404/72/93-ITCC DATED 29TH FEBRUARY 2016 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES, MINISTRY OF FINANCE, GOVERNMENT OF INDIA.EXHIBIT-P5: TRUE COPY OF THE 26AS EVIDENCING PAYMENT OF 15% (RS 23,16,600/-) OF THE DISPUTED AMOUNT FOR THE AY 2011-12.15% (RS 23,16,600/-) OF THE DISPUTED AMOUNT FOR THE AY 2011-12. EXHIBIT-P6: TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON THE BASIS OF EXHIBIT-P4.PETITIONER BEFORE THE 1ST RESPONDENT ON THE BASIS OF EXHIBIT-P4.EXHIBIT-P7: TRUE COPY OF THE ORDER DATED 21.4.2016 ISSUED BY THE 2ND RESPONDENT.BY THE 2ND RESPONDENT. EXHIBIT-P8: TRUE COPY OF THE LETTER DATED 13.1.2017 ISSUEDBY THE 1ST RESPONDENT REJECTING EXHIBIT-P6 STAY PETITION FOR THE PETITIONER FOR THE AY 2011-12.BY THE 1ST RESPONDENT REJECTING EXHIBIT-P6 STAY PETITION FOR THE PETITIONER FOR THE AY 2011-12. RESPONDENT(S)' EXHIBITS :NIL. //TRUE COPY// P.A. TO JUDGE bp K. VINOD CHANDRAN, J. ------------------------------------------ W.P.(C) No. 3554 of 2017 (T)------------------------------------------Dated: 9[th] February, 2017 J U D G M E N T The petitioner preferred Ext.P2 appeal against Ext.P1assessment order before the 2[nd] respondent and Ext.P6 staypetition before the 1[st] respondent. It is the case of thepetitioners that they remitted 15% of the disputed taxamount as per Ext.P4 Office Memorandum issued by theCentral Board of Direct Taxes. But the appellate authorityrejected Ext.P6 stay petition by Ext.P8 communication. 2.In the above circumstance, there shall be adirection to the 1[st] respondent to consider and pass orderson Ext.P2 appeal and coercive proceedings shall standstayed until such orders are passed, which order shalldetermine the further steps thereafter. Writ petition disposed of. jjj 9/2/17 Sd/-K.VINOD CHANDRAN, JUDGE