Case Law › High Court › Wp(C)/3793/2019 Of Indu Sunilkumar v. Th...

Wp(C)/3793/2019 Of Indu Sunilkumar v. The Deputy Director Of Income Tax

High Court 08 Feb 2019 In favour of: Unclear

Forum / Bench

High Court · highcourtofkerala

Parties

Date of order

08 Feb 2019

Assessment year(s)

—

Outcome

Other

Case summary

In Wp(C)/3793/2019 Of Indu Sunilkumar v. The Deputy Director Of Income Tax, the High Court (2019) decided the matter.

Decision: The writ petition is disposed of as above.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

The order — as passed by the High Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940 WP(C).No.3793 of 2019 PETITIONER/S: SMT.INDU SUNILKUMAR, AGED 53 YEARS,W/O.SHRI SUNIL KUMAR, SRAVANAM, POWER HOUSE ROAD, THIRUVALLA, KERALA. BY ADV. SRI.RAMESH CHERIAN JOHN RESPONDENT/S: BY SRI.JOSE JOSEPH, SC, IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner, aggrieved by Ext.P18 seriesof notices, approached this Court. Thepetitioner, as against Exts.P1 to P5 AssessmentOrders under the Income Tax Act, 1961, filedExts.P6 to P10 appeals before the secondrespondent. The petitioner also filed Exts.P12 toP16 stay applications. In view of the above, there shall be adirection to the second respondent to disposeExts.P12 to P16 stay applications within a periodof two months. Till then, recovery proceedingspursuant to the impugned orders in the aboveappeals shall be kept in abeyance. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.3793/2019 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2003-04.YEAR 2003-04. EXHIBIT P2A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2004-05.YEAR 2004-05. EXHIBIT P3A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2005-06.YEAR 2005-06. EXHIBIT P4A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2007-08.YEAR 2007-08. EXHIBIT P5A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2009-10.YEAR 2009-10. EXHIBIT P6A TRUE COPY OF THE APPEAL IN RESPECT OF THEPETITIONER WITHOUT ANNEXURES FOR THE YEAR 2003-04.PETITIONER WITHOUT ANNEXURES FOR THE YEAR 2003-04. EXHIBIT P7A TRUE COPY OF THE APPEAL IN RESPECT OF THEPETITIONER WITHOUT ANNEXURES FOR THE YEAR 2004-05.PETITIONER WITHOUT ANNEXURES FOR THE YEAR 2004-05. EXHIBIT P8A TRUE COPY OF THE APPEAL IN RESPECT OF THEPETITIONER WITHOUT ANNEXURES FOR THE YEAR 2005-06.PETITIONER WITHOUT ANNEXURES FOR THE YEAR 2005-06. EXHIBIT P9A TRUE COPY OF THE APPEAL IN RESPECT OF THEPETITIONER WITHOUT ANNEXURES FOR THE YEAR 2007-08.PETITIONER WITHOUT ANNEXURES FOR THE YEAR 2007-08. EXHIBIT P10A TRUE COPY OF THE APPEALS IN RESPECT OF THE PETITIONER WITHOUT ANNEXURES FOR THE YEAR 2009-10.THE PETITIONER WITHOUT ANNEXURES FOR THE YEAR 2009-10. EXHIBIT P11A TRUE COPY OF THE JUDGMENT DATED 06.03.2015 IN WP(C) NO.7182 OF 2015.06.03.2015 IN WP(C) NO.7182 OF 2015. EXHIBIT P12A TRUE COPY OF THE APPLICATION FOR STAY DATED 31.10.2018 FOR THE YEAR 2003.04.DATED 31.10.2018 FOR THE YEAR 2003.04. EXHIBIT P13A TRUE COPY OF THE APPLICATION FOR STAY DATED 31.10.2018 FOR THE YEAR 2004-05.DATED 31.10.2018 FOR THE YEAR 2004-05. WP(C).No.3793/2019 4 EXHIBIT P14A TRUE COPY OF THE APPLICATION FOR STAY DATED 31.10.2018 FOR THE YEAR 2005-06.DATED 31.10.2018 FOR THE YEAR 2005-06. EXHIBIT P15A TRUE COPY OF THE APPLICATION FOR STAY DATED 31.10.2018 FOR THE YEAR 2007-08.DATED 31.10.2018 FOR THE YEAR 2007-08. EXHIBIT P16A TRUE COPY OF THE APPLICATION FOR STAY DATED 31.10.2018 FOR THE YEAR 2009-10.DATED 31.10.2018 FOR THE YEAR 2009-10. EXHIBIT P17A TRUE COPY OF THE COVERING LETTER DATED 29.01.2019.29.01.2019. EXHIBIT P18A TRUE COPY OF THE NOTICE PROPOSING RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2003-04.RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2003-04. EXHIBIT P18 AA TRUE COPY OF THE NOTICE PROPOSING RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2004-05.RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2004-05. EXHIBIT P18 BA TRUE COPY OF THE NOTICE PROPOSING RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2005-06.RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2005-06. EXHIBIT P18 CA TRUE COPY OF THE NOTICE PROPOSING RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2007-08.RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2007-08. EXHIBIT P17A TRUE COPY OF THE COVERING LETTER DATED 29.01.2019.29.01.2019. EXHIBIT P18A TRUE COPY OF THE NOTICE PROPOSING RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2003-04.RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2003-04. EXHIBIT P18 AA TRUE COPY OF THE NOTICE PROPOSING RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2004-05.RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2004-05. EXHIBIT P18 BA TRUE COPY OF THE NOTICE PROPOSING RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2005-06.RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2005-06. EXHIBIT P18 CA TRUE COPY OF THE NOTICE PROPOSING RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2007-08.RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2007-08. EXHIBIT P18 DA TRUE COPY OF THE NOTICE PROPOSING RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2009-10.RECOVERY AGAINST THE PETITIONER FOR THE YEAR 2009-10. RESPONDENTS EXHIBITS:NIL. //TRUE COPY// P.A.TO JUDGE

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