Wp(C)/7528/2019 Of Vimala Hospital Kalady v. The Deputy Commissioner Of Income Tax(Exemption)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY ,THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940WP(C).No. 7528 of 2019 PETITIONER/S: VIMALA HOSPITAL KALADY,KALADY, KANJOOR P.O, KANJOOR, PIN - 683 575, KERALA, REPRESENTED BY ITS DIRECTOR FATHER JOSEPH KANIYAMPARAMBIL BY ADV. SMT.K.LATHA RESPONDENT/S: BY GP THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Thepetitioner,impugningExt.P2assessment order for the assessment year2016-17, passed by the 1[st] respondent underthe Income Tax Act, 1961, filed Ext.P3 appealbefore the 2[nd] respondent. The petitioner hasalso filed Ext.P4 stay petition before the 2[nd] respondent. In the meanwhile, coercive proceedings have been initiated. It is in this context, the writ petition has beenfiled. 2. In view of the above, there shall bea direction to the 2[nd] respondent to take adecision on Ext.P4 stay petition within aperiod of two months from the date of receiptof a copy of this judgment. Till then, therecovery proceedings pursuant to the impugnedorder in the appeal shall be kept in abeyance. The writ petition is disposed of asabove. SB/19/03/2019 Sd/- A.MUHAMED MUSTAQUE JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1THE TRUE COPY OF ACKNOWLEDGMENT OF E-PROCEEDINGS NO. 22101810584275 DATED24.08.2018PROCEEDINGS NO. 22101810584275 DATED24.08.2018 EXHIBIT P2THE TRUE COPY OF THE ASSESSMENT ORDERDATED 24-12-2018 U/S 143(3) OF THE IT ACT1961 IMPOSING A HUGE DEMAND OFRS.98,09,815/-DATED 24-12-2018 U/S 143(3) OF THE IT ACT1961 IMPOSING A HUGE DEMAND OFRS.98,09,815/- EXHIBIT P3THE TRUE COPY OF THE APPEAL IN FORM NO.35 ALONG WITH GROUNDS OF APPEAL FILED BYTHE PETITIONER BEFORE THE SECONDRESPONDENT AGAINST THE P2 ORDER35 ALONG WITH GROUNDS OF APPEAL FILED BYTHE PETITIONER BEFORE THE SECONDRESPONDENT AGAINST THE P2 ORDER EXHIBIT P4THE TRUE COPY OF STAY PETITION FILED INTHE P3 APPEALSTHE P3 APPEALS RESPONDENTS EXTS: NIL // TRUE COPY // P.A TO JUDGE