M/S.ASIAN INSTITUTE OF FILM & MEDIA STUDIES PVT.LTD. V. UNION OF INDIA

WP(C)/876/2016

AI Insights

The case involves M/s. Asian Institute of Film & Media Studies Pvt. Ltd., the petitioner, who challenged the recovery steps initiated by the Income Tax Officer (the third respondent) based on an assessment order. The petitioner had previously filed an appeal against this assessment order with the Commissioner of Income Tax (Appeals) (the second respondent), which was still pending. The petitioner sought relief from the High Court of Kerala to halt the recovery process until the appeal was decided. The court heard arguments from both sides and decided to stay the recovery process temporarily, directing the second respondent to expedite the appeal process.

• Counselvise Citation: [2016] 140 COUNSELVISE.COM (IT) 677996 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 08-01-2016
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K M V PANDALAI
• Assessee Lawyers: LIJI VADAKEDOM; RAJEEV GEORGE
• Keywords: Appeal; Assessment Order; Income Tax; Recovery Steps; Stay Application
• Section: 271(1)(c)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937 WP(C).No. 876 of 2016 (H) -------------------------- PETITIONER: ------------------ M/S.ASIAN INSTITUTE OF FILM & MEDIA STUDIES PVT.L TD. 731-735, NILA, TECHNOPARK KARYAVATTOM P.O, THIRUVANANTHAPURAM 695 581 REPRESENTED BY ITS DIRECTOR. BY ADVS.SRI.LIJI.J.VADAKEDOM SRI.RAJEEV JYOTHISH GEORGE RESPONDENT(S): ---------------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) NORTH BLOCK NEW DELHI 110 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWADIYAR, THIRUVANANTHAPURAM 695 003. 3. THE INCOME TAX OFFICER WARD 1 (1), AAYAKAR BHAVAN, KOWADIYAR THIRUVANANTHAPURAM 695 003. R1-R3 BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 876 of 2016 (H) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: COPY OF THE ASSESSMENT ORDER PASSED BY THE 3RD RESPONDENT DATED 27.3.14. EXHIBIT P1(A): COPY OF THE NOTICE OF DEMAND DATED 26.3.14 ISSUED BY 3RD RESPONDENT. EXHIBIT P2: COPY OF THE NOTICE UNDER 274 R/W SECTION 271(1)(C) OF THE INCOME TAX ACT ISSUED BY THE 3RD RESPONDENT DATED 26.3.14. EXHIBIT P3: COPY OF THE APPLICATION FOR RECTIFICATION DATED 8.4.14 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P4: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.4.14. EXHIBIT P5: COPY OF THE STAY APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 22.4.14. EXHIBIT P6: COPY OF THE LETTER DATED 6.10.15 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P7: COPY OF THE NOTICE DATED 26.11.15 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P8: COPY OF THE LETTER DATED 22.12.15 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P8(A): COPY OF THE STAY PETITION DATED 22.12.15 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P9: COPY OF THE ORDER DATED 31.12.15 ISSUED BY 3RD RESPONDENT. EXHIBIT P10: COPY OF THE STAY APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 7.1.16. RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// PA TO JUDGE JV A.K.JAYASANKARAN NAMBIAR, J. ---------------------------------------------- W.P.(C).No.876 of 2016 ---------------------------------------------- Dated this the 8th day of January, 2016 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, the petitioner has preferred Ext.P4 appeal before the 2nd respondent. It is stated that the 2nd respondent has since heard the appeal on 06.10.2015 and orders are awaited. In the meanwhile however, by Ext.P7 notice issued by the 3rd respondent, steps are initiated to recover amounts confirmed against the petitioner by Ext.P1 assessment order. 2. I have heard the learned counsel for the petitioner and also the learned Standing Counsel for the respondents. 3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions: i) The 2nd respondent shall consider and pass final orders on Ext.P4 appeal within a period W.P.(C) No. 876/2016 2 of one month from the date of receipt of a copy of this judgment. ii) Recovery steps for recovery of amounts confirmed against petitioner by Ext.P1 assessment order shall be kept in abeyance till orders are passed by the 2nd respondent as directed above and communicated to the petitioner. sd/- A.K.JAYASANKARAN NAMBIAR JV JUDGE "