ATLAS JEWELLERY PVT. LTD., V. COMMISSIONER OF INCOME TAX (APPEALS)-1V,

WP(C)/6546/2019

AI Insights

The case involves Atlas Jewellery Pvt. Ltd., the petitioner, who filed a writ petition against various income tax authorities concerning multiple assessment and penalty orders for the assessment years 2013-14, 2014-15, and 2015-16. The petitioner sought to challenge these orders but decided not to pursue the writ petition following a recent order from the Commissioner of Income-Tax (Appeals)-I. The court acknowledged the petitioner's decision and granted them the liberty to address their grievances through appropriate legal channels.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 754796 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 27-03-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P K MENON; JOSE JOSEPH
• Assessee Lawyers: C K KARUNAKARAN; LEKSHMI NAIR; ARJUN KUMAR
• Keywords: Appeal; Assessment Order; Condonation of delay; Income Tax; Penalty order; Stay of collection
• Section: 144; 271(1)(c); 153A; 271AAB

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI WEDNESDAY,THE 27TH DAY OF MARCH 2019 / 6TH CHAITHRA, 1941 WP(C).No. 6546 of 2019 PETITIONER/S: ATLAS JEWELLERY PVT. LTD., XI/305H, OPP.CIAL, NEDUMBASSERY, ERNAKULAM DISTRICT - 683 572. BY ADVS. SRI.C.K.KARUNAKARAN SMT.LEKSHMI P. NAIR SRI.ARJUN SATHISH KUMAR RESPONDENT/S: 1 COMMISSIONER OF INCOME TAX (APPEALS)-1V, CR BUILDING, IS PRESS ROAD, KOCHI - 682 018. 2 DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, MUNICIPAL OFFICE ROAD, THRISSUR, KERALA - 680 001. 3 ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, MUNICIPAL OFFICE ROAD, THRISSUR, KERALA - 680 001. 4 TAX RECOVERY OFFICER (CORP)., 3RD FLOOR (304), CR BUILDING, IS PRESS ROAD, KOCHI - 682 018. 5 M/S.GEOJIT FINANCIAL SERVICES LTD., 34/659-0, 1ST FLOOR, CIVIL LINE ROAD, PADIVATTOM, KOCHI - 682 024. BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX W.P.(C) No.6546/2019 -2- OTHER PRESENT: SR. NAVNEETH N NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T Sri Karunakaran C.K., the Counsel appearing for the petitioner, submits that having regard to the order dated 25.03.2019 made by the Commissioner of Income-Tax (Appeals)-I, the prayer in the writ petition for the present is not pressed. The counsel seeks liberty to work out the grievances, if any against the order dated 25.03.2019 in accordance with law. The statement is placed on record, accepted by granting the liberty as prayed for. The writ petition is closed. Sd/- S.V.BHATTI JUDGE jjj W.P.(C) No.6546/2019 -3- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER PASSED U/S. 144 R/S S.153A BY ASSISTANT COMMISSIONER INCOME TAX FOR THE ASSESSMENT YEAR 2013-14 DATED 30/12/2016. EXHIBIT P2 TRUE COPY OF APPEAL DATED 05/01/2019. EXHIBIT P2 A TRUE COPY OF PETITION FOR CONDONATION OF DELAY IN FILING THE APPEAL-1.Y.2013-14 DATED 05/01/2019. EXHIBIT P2 B TRUE COPY OF PETITION FOR STAY FOR COLLECTION OF DEMAND DATED 05/01/2019. EXHIBIT P2 C TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FOR EXHIBIT P2 APPEAL, P2A AND P2B PETITIONS. EXHIBIT P3 TRUE COPY OF THE PENALTY ORDER DATED 26/05/2017 PASSED BY THE DEPUTY COMMISSIONER OF INCOME TX UNDER S.271(1)(C) OF THE INCOME TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2013-14. EXHIBIT P4 TRUE COPY OF APPEAL DATED 05/01/2019 FILED AGAINST EXHIBIT P3 PENALTY ORDER. EXHIBIT P4 A TRUE COPY OF PETITION FOR CONDONATION OF DELAY IN FILING THE APPEAL-A.Y.2013-14 DATED 01/01/2019. EXHIBIT P4 B TRUE COPY OF THE PETITION FOR STAY OF COLLECTION OF DEMAND DATED 07/01/2019. EXHIBIT P4 C TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FOR EXHIBIT P4 APPEAL, P4 AND P4B PETITIONS. EXHIBIT P5 TRUE COPY OF THE ASSESSMENT ORDER PASSED U/S. 144 R/S S.153 A, DATED 30/12/2016 PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX FOR THE ASSESSMENT YEAR 2014-15. W.P.(C) No.6546/2019 -4- EXHIBIT P6 TRUE COPY OF APPEAL DATED 05/01/2019 FILED AGAINST EXHIBIT P5 ASSESSMENT ORDER. EXHIBIT P6 A TRUE COPY OF PETITION FOR CONDONATION OF DELAY IN FILING THE APPEAL A.Y.2014-15 DATED 05/01/2019. EXHIBIT P6 B TRUE COPY OF THE PETITION FOR STAY OF COLLECTION OF DEMAND DATED 05/01/2019. EXHIBIT P6 C TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FOR EXHIBIT P6 APPEAL P6A AND P6B PETITIONS. EXHIBIT P7 TRUE COPY OF THE PENALTY ORDER DATED 26/05/2017 PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX UNDER S.271(1)(C) OF THE INCOME TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2014-15. EXHIBIT P8 TRUE COPY OF APPEAL DATED 05/01/2019 FILED AGAINST EXHIBIT P7. EXHIBIT P8 A TRUE COPY OF PETITION FOR CONDONATION OF DELAY IN FILING THE APPEAL A.Y.2014-15 DATED 01/01/2019. EXHIBIT P8 B TRUE COPY OF THE PETITION FOR STY OF COLLECTION OF DEMAND DATED 07/01/2019. EXHIBIT P8 C TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FOR EXHIBIT P8 APPEAL, P8A AND P8B PETITIONS. EXHIBIT P9 TRUE COPY OF THE ASSESSMENT ORDER PASSED U/S. 144 R/S S.153 A, DATED 30/12/2016 PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX FOR THE ASSESSMENT YEAR 2015-16. EXHIBIT P10 TRUE COPY OF APPEAL DATED 05/01/2019 FILED AGAINST EXHIBIT P9 ASSESSMENT ORDER. EXHIBIT P10 A TRUE COPY OF PETITION FOR CONDONATION OF DELAY IN FILING THE APPEAL A.Y.2015-16 DATED 05/01/2019. EXHIBIT P10 B TRUE COPY OF THE PETITION FOR STAY OF COLLECTION OF DEMAND DATED 05/01/2019. W.P.(C) No.6546/2019 -5- EXHIBIT P10 C TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FOR EXHIBIT P10 APPEAL, P10A AND P10B PETITIONS. EXHIBIT P11 TRUE COPY OF THE PENALTY ORDER DATED 26/05/2017 PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX UNDER S.271 AAB OF THE INCOME TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2015-16. EXHIBIT P12 TRUE COPY OF APPEAL DATED 05/01/2019 FILED AGAINST EXHIBIT P11 PENALTY ORDER. EXHIBIT P12 A TRUE COPY OF PETITION FOR CONDONATION OF DELAY IN FILING THE APPEAL A.Y.2015-16 DATED 01/01/2019. EXHIBIT P12 B TRUE COPY OF THE PETITION FOR STAY OF COLLECTION OF DEMAND DATED 07/01/2019. EXHIBIT P12 C TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FOR EXHIBIT P12 APPEAL, P12 A AND P12 B PETITIONS. EXHIBIT P13 TRUE COPY OF WARRANT TO SALE OF EQUITY SHARES NO.TRO/CORP/KOCHI/ATLAS/2017-18 DATED 28/01/2019. EXHIBIT P13 A TRUE COPY OF THE PROCLAMATION OF SALE NO.TRO(CORP)/KOCHI/ATLAS JEWELLERY/2018-19 DATED 28/01/2019. "