Wp(C)/3832/2017 Of M/S.kerala Vision Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 6TH DAY OF FEBRUARY 2017/17TH MAGHA, 1938 WP(C).No. 3832 of 2017 (D) --------------------------- PETITIONER(S): ------------- M/S.KERALA VISION LIMITED, 2ND FLOOR, ALPHA COMPLEX, THOPPINMOOLA, POOTHOLE P.O., THRISSUR - 680 01, REPRESENTED BY ITS MANAGING DIRECTOR, SHRI.P.M.NASSER. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SMT.DIVYA RAVINDRAN SRI.ABRAHAM VARGHESE THARAKAN SMT.MERLIN MANSY RESPONDENT(S): -------------- 1.THE INCOME TAX OFFICER,ward 1(2), THRISSUR - 680 001.ward 1(2), THRISSUR - 680 001.2.THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, SAKTHAN TAHMPURAN NAGAR,THRISSUR - 680 001.AAYAKAR BHAVAN, SAKTHAN TAHMPURAN NAGAR,THRISSUR - 680 001.3.THE MANAGER, STATE BANK OF INDIA,THRISSUR MAIN BRANCH, AYODHYA COMPLEX,M.G.ROAD, ROUND WEST, NAIKANAL,THRISSUR - 680 081. THRISSUR MAIN BRANCH, AYODHYA COMPLEX,M.G.ROAD, ROUND WEST, NAIKANAL,THRISSUR - 680 081. R1 & R2 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX R3 BY ADV. SRI.S.EASWARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/ WP(C).No. 3832 of 2017 (G) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 COPY OF ASSESSMENT ORDER DTD.4.3.2016 ALONG WITHDEMAND NOTICE ISSUED BY THE 1ST RESPONDENT FOR 2013-14.DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT FOR 2013-14. EXHIBIT P2 COPY OF THE MEMORANDUM OF APPEAL 9.4.2016 FILED BY THEPETITIONER BEFORE THE 2ND RESPONDENT FOR AY2013-14.PETITIONER BEFORE THE 2ND RESPONDENT FOR AY2013-14. EXHIBIT P3 COPY OF THE STAY PETITION DTD.2.2.2017 FILED BY THEPETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2013-14.PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2013-14. EXHIBIT P4 COPY OF THE APPLICATION DTD.2.2.2017 SUBMITTED BY THEPETITIONER BEFORE THE 1ST RESPONDENT.PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P5 COPY OF THE NOTICE U/S 226(3) DTD.15.12.2016 ISSUED BYTHE 1ST RESPONDENT TO THE 3RD RESPONDENT BANK.THE 1ST RESPONDENT TO THE 3RD RESPONDENT BANK. EXHIBIT P6 COPY OF THE ASSESSMENT ORDER ALONG WITH DEMAND NOTICEDTD.8.12.2016 ISSUED BY THE 1ST RESPONDENT FORAY-2014-15.DTD.8.12.2016 ISSUED BY THE 1ST RESPONDENT FORAY-2014-15. EXHIBIT P7 COPY OF THE MEMORANDUM OF APPEAL DTD.2.2.2017 FILED BYTHE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2014-15.THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2014-15. EXHIBIT P8 COPY OF THE STAY PETITION DTD.2.2.2017 FILED BY THEPETITIONER BEFORE THE 2ND RESPONDENT FOR 2014-15.PETITIONER BEFORE THE 2ND RESPONDENT FOR 2014-15. EXHIBIT P9 COPY OF THE APPLICATION DTD.2.2.2017 FILED BY THEPETITIONER BEFORE THE 1ST RESPONDENT U/S 220(6) FOR 2014-15.PETITIONER BEFORE THE 1ST RESPONDENT U/S 220(6) FOR 2014-15. RESPONDENT(S)' EXHIBITS ----------------------- NIL //TRUE COPY// P.S.TO JUDGE K. VINOD CHANDRAN, J. ------------------------------------------ W.P.(C) No. 3832 of 2017 (D) ------------------------------------------Dated: 6[th] February, 2017 J U D G M E N T The petitioner preferred Exts.P2 and P7 appealsand Exts.P3 and P8 stay petitions under the Income TaxAct, 1961, against Exts.P1 and P6 assessment ordersbefore the 2[nd] respondent. The grievance of thepetitioner is that even before the stay petitions havebeen considered by the 2[nd] respondent, the recoveryproceedings have been initiated. 2.In the above circumstance, there shall be adirection to the 2[nd] respondent to consider and passorders on Exts.P3 and P8 stay petitions, within a periodof one month from the date of receipt of the certifiedcopy of this judgment and coercive proceedings shall -2- stand stayed until such orders are passed, which order shall determine the further steps thereafter. Writ petition disposed of. Sd/-K.VINOD CHANDRAN, JUDGE jjj 6/2/17