Wp(C)/7933/2019 Of Yoosuf Aboobakerkunju v. The Income Tax Officer

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. 7933 of 2019 PETITIONER: YOOSUF ABOOBAKERKUNJUVENAD STEEL AGENCIES, CHANDANATHOPE, KUNDARA, KOLLAM 691 501.BY ADVS.SRI.S.ARUN RAJSMT.C.T.SUJA RESPONDENTS: 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 filed an appeal, aggrieved by an assessment order under the Income Tax Act, 1961. Appeal isfiled along with 833 days delay. The petitioner also filed astay petition. The petitioner submits that he has paid 20% ofdemand. That be so, there shall be a direction to theAppellate Authority to consider the delay petition as well asstay petition within a period of two months. If the petitionerhad deposited 20% of the demand, it shall be further stayedfor recovery till the disposal of delay petition and stay petition.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 THE PENALTY ORDER DATED 29.9.2016 PASSED UNDER SECTION 271(1)(C) OFTHE ACT BY THE 1ST RESPONDENT FOR THE AY 2008-0929.9.2016 PASSED UNDER SECTION 271(1)(C) OFTHE ACT BY THE 1ST RESPONDENT FOR THE AY 2008-09 EXHIBIT P1 ATRUE COPY OF THE PENALTY ORDER DATED 29.9.2016 PASSED UNDER SECTION 271(1) (C) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY2009-1029.9.2016 PASSED UNDER SECTION 271(1) (C) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY2009-10 EXHIBIT P1 BTRUE COPY OF THE PENALTY ORDER DATED 29.9.2016 PASSED UNDER SECTION 271(1) (C) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY2010-1129.9.2016 PASSED UNDER SECTION 271(1) (C) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY2010-11 EXHIBIT P1 CTRUE COPY OF THE PENALTY ORDER DATED 29.9.2016 PASSED UNDER SECTION 271(1) (C) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY2011-1229.9.2016 PASSED UNDER SECTION 271(1) (C) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY2011-12 EXHIBIT P1 DTRUE COPY OF THE PENALTY ORDER DATED 29.9.2016 PASSED UNDER SECTION 271(1) (C) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY2012-1329.9.2016 PASSED UNDER SECTION 271(1) (C) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY2012-13 EXHIBIT P1 ETRUE COPY OF THE PENALTY ORDER DATED 29.9.2016 PASSED UNDER SECTION 271(1) (C) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY2013-1429.9.2016 PASSED UNDER SECTION 271(1) (C) OF THE ACT BY THE 1ST RESPONDENT FOR THE AY2013-14 EXHIBIT P2 TRUE COPY OF THE PENALTY ORDER DATED 29.9.2016 PASSED UNDER SECTION 271B OF THE ACT BY THE 1ST RESPONDENT FOR THE AY 2008-0929.9.2016 PASSED UNDER SECTION 271B OF THE ACT BY THE 1ST RESPONDENT FOR THE AY 2008-09 EXHIBIT P2 ATRUE COPY OF THE PENALTY ORDER DATED 29.9.2016 PASSED UNDER SECTION 271B OF THE ACT BY THE 1ST RESPONDENT FOR THE AY 2009-1029.9.2016 PASSED UNDER SECTION 271B OF THE ACT BY THE 1ST RESPONDENT FOR THE AY 2009-10 EXHIBIT P2 BTRUE COPY OF THE PENALTY ORDER DATED 29.9.2016 PASSED UNDER SECTION 271B OF THE ACT BY THE 1ST RESPONDENT FOR THE AY 2010-1129.9.2016 PASSED UNDER SECTION 271B OF THE ACT BY THE 1ST RESPONDENT FOR THE AY 2010-11 4 5