ANAPPUZHA KALYANADHAYINI SABHA NIDHI LIMITED V. UNION OF INDIA

WP(C)/17615/2019

AI Insights

The case involves Anappuzha Kalyanadhayini Sabha Nidhi Limited, a company seeking judicial intervention to expedite the issuance of a Permanent Account Number (PAN) from the Income Tax Department. The petitioner filed a writ petition under Article 226 of the Constitution of India, alleging that their application for a PAN, submitted on 31.5.2018, was still pending without any decision. The petitioner requested the court to direct the concerned authorities to issue the PAN within a specified timeframe. The court, after hearing the arguments and reviewing the documents, including the application acknowledgment and previous representations, decided to direct the Income Tax Department to expedite the process.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 722246 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 30-08-2019
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P L KUMAR
• Assessee Lawyers: LINDONS DAVIS; E U DHANYA
• Keywords: PAN card; Permanent Account Number; Writ of Mandamus; Non-issuance of PAN

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 30TH DAY OF AUGUST 2019 / 8TH BHADRA, 1941 WP(C).No.17615 OF 2019(B) PETITIONER/S: ANAPPUZHA KALYANADHAYINI SABHA NIDHI LIMITED, XXXX1/363/B, KALLYANANDAYINI SABHA, SRINGAPURAM P.O., KODUNGALLUR, THRISSUR DISTRICT-680 664, REPRESENTED BY ITS MANAGING DIECTOR. BY ADVS. SRI.LINDONS C.DAVIS SMT.E.U.DHANYA RESPONDENT/S: 1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF CORPORATE AFFAIRS, A WING, SHASTRI BHAVAN, RAJENDA PRASAD ROAD, NEW DELHI-110 001. 2 DIRECTOR GENERAL OF CORPORATE AFFAIRS (NODAL OFFICER, GRIEVANCE MANAGEMENT CELL) MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, A WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI-110 001. 3 REGISTRAR OF COMPANIES 1ST FLOOR, COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKARA PO, KAKKANAD, KOCHI-682 021. 4 5 INCOME TAX DEPARTMENT REPRESENTED BY ITS DIRECTOR, NEW DELHI-110 001. COMMISSIONER OF INCOME TAX, SAKTHAN THAMPURAN NAGAR, THRISSUR- 680 001 * ADDL R5 IS IMPLEADED AS PER ORDER 13.08.2019 IN I.A. NO.1 OF 2019 R4 & R5 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX R1-3 BY ADV. SRI.P.L.VENU KUMAR,CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17615 OF 2019(B) 2 JUDGMENT This writ petition is filed by the petitioner seeking the following reliefs:- 1) To issue a writ of mandamus or any other appropriate writ, order or direction to respondents to allot a Permanent Account Number to the petitioner company and issue a PAN Card for the same within a time frame fixed by this Honourable Court; ii) To issue a writ of mandamus or any other appropriate writ, order or direction to 2nd respondent to consider and pass orders on Exhibit P4 within a time frame by this Honourable Court; iii) To issue a writ of mandamus or any other appropriate writ, order or direction to 2nd respondent to consider and pass orders on Exhibit P5 application for PAN within a time frame fixed by this Honourable Court; 2. The subject matter relates to non issuance of PAN Card to the petitioner, inspite of submitting the application sufficiently earlier, which is pending consideration before the 4th respondent. The sole releif sought for is direction for finalisation of the same on an early basis. WP(C).No.17615 OF 2019(B) 3 3. I have heard learned counsel for the petitioner, learned Central Government Counsel as well as the learned Standing Counsel appearing for respondent Nos. 4 and 5 and perused the pleadings and documents on record. 4. In view of the innocuous relief sought for by the petitioner, there will be a direction to the 4th respondent to finalise the application submitted by the petitioner for PAN Card at the earliest, and at any rate, within a month from the date of receipt of a copy of this judgment. The writ petition is disposed of, accordingly. Sd/- SHAJI P.CHALY JUDGE hmh WP(C).No.17615 OF 2019(B) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF PRINT OUT OF MASTER DATA OF THE PETITIONER COMPANY PUBLISHED IN THE OFFICIAL WEBSITE OF THE MINISTRY OF CORPORATE AFFAIRS, UNION OF INDIA. EXHIBIT P2 TRUE COPY OF CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY DATED 19.4.2017. EXHIBIT P3 TRUE COPY PAN APPLICATION ACKNOWLEDGMENT RECEIPT DATED 31.5.2018. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 24.6.2019 SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR ALLOTMENT OF PERMANENT ACCOUNT NUMBER. RESPONDENT'S/S EXHIBITS: NIL "