Wp(C)/6141/2020 Of Alkanz Money Exchange Private Limited v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941 WP(C).No.6141 OF 2020(P) PETITIONER: ALKANZ MONEY EXCHANGE PRIVATE LIMITED551, WARD XII KALLIPARAMPIL MEMORIAL BUILDING, KAIPAMANGALAM P.O.,MOONNUPEEDIKA, THRISSUR-680 681, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.K.I.MAYANKUTTY MATHER RESPONDENTS: 1INCOME TAX OFFICERWARDI/I,AAYAKARBHAVAN, INCOME TAX OFFICE, SAKTHAN THAMPURAN NAGAR, THRISSUR H.P.O.,THRISSUR-680 001. 2COMMISSIONER OF INCOME TAX(APPEALS),OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, INCOME TAX OFFICE, SAKTHAN THAMPURAN NAGAR, THRISSUR H.P.O., THRISUSR-680 001. SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON02.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner in the instant writ petition has challenged theimpugned order Ext.P5 dated 30.01.2020 whereby the 1[st]respondent ie. the Income Tax Officer has granted a conditionalorder of stay directing the petitioner to deposit 20% of thedemanded amount up to 10.02.2020. The learned counsel for thepetitioner attempted to raise certain points on merits of thematter, but I do not deem it to be appropriate as it could be thematter of arguments pending appeals. The reasoning assigned inthe impugned order imposing the condition of 20% apparentlyappears to be correct. Without expressing any opinion on themerits and with a rider that any observation of this Court will notbe construed as an expression of opinion in the pending appeal, Ienlarge the time upto 10.03.2020 for complying with thecondition above mentioned. The writ petition, withaforementioned observation, will stand disposed of. nak Sd/-AMIT RAWALJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PRE- ASSESSMENT NOTICE ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE REPLY FILED BY THE PETITIONER IN RESPONSE TO THE PRE-ASSESSMENT NOTICE. EXHIBIT P2 A TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE PRINCIPAL DIRECTOR OF INCOME TAX. EXHIBIT P3 TRUE COPY OF THE ASSESSMENT ORDER PASSEDBY THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE CONDITIONAL ORDER OF STAY PASSED BY THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.27/2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES. //TRUE COPY// P.A TO JUDGE