Wp(C)/8565/2022 Of V-Guard Industries Limited v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 15 DAY OF MARCH 2022 / 24TH PHALGUNA, 1943 WP(C) NO. 8565 OF 2022 PETITIONER: V-GUARD INDUSTRIES LIMITED028, REPRESENTED BY ITS MANAGING DIRECTOR, MR.MITHUN.K.CHITTILAPPILLYBY ADVS.ANIL D. NAIRTELMA RAJUEDATHARA VINEETA KRISHNANARAVIND SREEKUMAR 42/962, VENNALA HIGH SCHOOL ROAD, VENNALA , KOCHI-682 RESPONDENTS: 1ASSISTANT COMMISSIONER OF INCOME TAXCORPORATE CIRCLE 2 (1), KOCHI-682 0182ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX,NATIONAL FACELESS ASSESSMENT CENTRE, DELHI-110 0023PRINCIPAL COMMISIONER OF INCOME TAX,KOCHI-1, CENTRAL REVENUE BUILDING, I.S PRESS ROAD, KOCHI-682 0184THE INCOME TAX APPELLATE TRIBUNAL,KOCHI BENCH, 1ST FLOOR, BLOCK C-I & C-II, KENDRIYA BHAVAN, KAKKANAD, KERALA-682 037 OTHER PRESENT: SC-SRI.JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON15.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8565 OF 2022 -:2:- BECHU KURIAN THOMAS, J. ----------------------------------------- W.P.(C) No. 8565 of 2022 ---------------------------------------- Dated this the 15[th] day of March, 2022JUDGMENT Aggrieved by Ext.P1 order of assessment relating to assessment year 2016-17, petitioner has preferred a secondappeal before the 4[th] respondent, a copy of which isproduced as Ext.P3. A petition for stay of proceedingspursuant to the assessment order has also been filed asExt.P4. Petitioner apprehends coercive proceedings to beeffected even before the petition for stay is considered.Hence this writ petition. 2. Having considered the submissions of the counsel for the petitioner as well as the respondents, I am of theopinion that this writ petition itself can be disposed of witha direction. 3. Accordingly, there will be a direction to the 4[th] respondent to consider and pass orders on Ext.P4 stay WP(C) NO. 8565 OF 2022 -:3:- petition, within a period of three months from the date ofreceipt of a copy of this judgment. Till such a decision istaken, all coercive proceedings initiated against thepetitioner shall be kept in abeyance. The writ petition is disposed of as above. Sd/- AJM BECHU KURIAN THOMAS JUDGE WP(C) NO. 8565 OF 2022 -:4:- APPENDIX OF WP(C) 8565/2022 PETITIONER’S EXHIBITS : Exhibit P1TRUE COPY OF ORDER DATED 28.12.2018 ISSUED UNDER SEC.143 (3).Exhibit P2TRUE COPY OF THE UNDER SECTION 263 DATED22.3.2021. Exhibit P3TRUE COPY OF THE APPEAL MEMORANDUM FILEDBEFORE THE APPELLATE TRIBUNAL. Exhibit P4 Exhibit P5 TRUE COPY OF THE STAY PETITION FILED BEFORE THE APPELLATE TRIBUNAL.TRUE COPY OF LETTER DATED 15.02.2022 ALONG WITH THE ANNEXURES. RESPONDENT’S EXHIBITS : NIL AJM //TRUE COPY// PA TO JUDGE