Wp(C)/7525/2019 Of M/S.manappuram Foundation v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY ,THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940WP(C).No. 7525 of 2019 PETITIONER: M/S.MANAPPURAM FOUNDATION, V/104, MANAPPURAM HOUSE, VALAPPAD, THRISSUR - 680 567. REPRESENTED BY SHRI.V.P.NANDAKUMAR, MANAGING TRUSTEE. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.DIVYA RAVINDRANSMT.NISHA JOHNSRI.R.BHASKARA KRISHNANSRI.V.P.NARAYANAN RESPONDENTS: 1THE ASSISTANT COMMISSIONER OF INCOME TAX,EXEMPTION CIRCLE, SANJUAN TOWER, BEHIND C.R.BUILDING,KOCHI - 682 018. 2THE COMMISSIONER OF INCOME TAX (APPEALS)-III,28/243, POORNIMA, NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR, KOCHI - 682 036. SMT THUSHARA JAMES-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner, as against Ext.P1 rectification order andExt.P4 assessment order, filed Exts.P2 and P5 appealsbefore the 2nd respondent. The petitioner also filed ExtP2(a) stay application. In view of the above, there shall be a direction to the 2ndrespondent to take a decision on Ext.P2(a) stay applicationwithin a period of two months. Till then, recovery proceedingspursuant to the impugned orders in the appeals shall bedeferred. The writ petition is disposed of as above. SAS/15/03/2019 //TRUE COPY// P.A. TO JUDGE Sd/- A.MUHAMED MUSTAQUE JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1TRUE COPY OF RECTIFICATION ORDER ISSUED U/S154 FOR DATED 1/01/2019 ISSUED BY THE 1ST RESPONDENT FOR AY- 2016-17 ALONG WITH THE DEMAND NOTICE.154 FOR DATED 1/01/2019 ISSUED BY THE 1ST RESPONDENT FOR AY- 2016-17 ALONG WITH THE DEMAND NOTICE. EXHIBIT P2TRUE COPY OF MEMORANDUM OF APPEAL DATED 28/1/2019 E-FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2016-17.28/1/2019 E-FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2016-17. EXHIBIT P2 ATRUE COPY OF STAY PETITION DATED 28/1/2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3TRUE COPY OF APPLICATION U/S.220(6) DATED 25/1/2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR AY 2016-17.25/1/2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR AY 2016-17. EXHIBIT P4TRUE COPY OF ORIGINAL ASSESSMENT ORDER DATED 5/12/2018 ISSUED BY THE 1ST RESPONDENT FOR AY-2016-17 ALONG WITH DEMANDNOTICE.DATED 5/12/2018 ISSUED BY THE 1ST RESPONDENT FOR AY-2016-17 ALONG WITH DEMANDNOTICE. EXHIBIT P5TRUE COPY OF APPEAL DATED 2/01/2019 E-FILEDBY THE PETITIONER BEFORE THE 2ND RESPONDENTFOR AY-2016-17.BY THE PETITIONER BEFORE THE 2ND RESPONDENTFOR AY-2016-17. EXHIBIT P6 TRUE COPY OF CIRCULAR OF THE CENTRAL BOARD OF DIRECTOR TAXES, VIDE F.NO.404/10/2009-ITCC DATED 1/12/2009.OF DIRECTOR TAXES, VIDE F.NO.404/10/2009-ITCC DATED 1/12/2009.