M/S.FCI TECHNOLOGY SERVICE LTD V. UNION OF INDIA

WP(C)/19747/2012

AI Insights

The case involves M/S.FCI Technology Service Ltd., represented by its director Mr. Rajamani, who filed a writ petition against the Union of India and various income tax authorities. The petitioner challenged the assessment order issued by the Assistant Commissioner of Income Tax, Circle-1(1), Kochi, and sought a stay on the coercive steps being taken for the recovery of the assessed amount. The petitioner argued that the coercive actions were proceeding without regard to the pending appeal and petitions for stay and early hearing before the Commissioner of Income Tax (Appeals) II. The court's decision focused on ensuring that the petitioner's appeals and requests for stay and early hearing were considered expeditiously, thereby temporarily halting the coercive recovery actions.

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 737100 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 21-08-2012
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: A K NAMBIAR; M NAMBIAR; P MENON; P THOMAS; K MATHAI; PREETHA NAIR
• Keywords: Appeal; Assessment Order; Coercive Steps; Stay Petition; Transfer pricing
• Section: 143(3); 144C; 92CA(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 21ST DAY OF AUGUST 2012/30TH SRAVANA 1934 WP(C).No. 19747 of 2012 (P) --------------------------- PETITIONER(S): ------------- M/S.FCI TECHNOLOGY SERVICE LTD XXIX/2089, TRIPUNITHURA ROAD, THYKOODAM KOCHI-682019, REPRESENTED BY ITS DIRECTOR MR.RAJAMANI. BY ADVS.SRI.A.K.JAYASANKARAN NAMBIAR (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH MENON SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SMT.PREETHA S.NAIR RESPONDENT(S): -------------- 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110004. 2. COMMISSIONER OF INCOME TAX (APPEALS) II, 6TH AND 7TH FLOOR, KERA BHAVAN SRVHS ROAD, KOCHI-682011. 3. COMMISSIONER OF INCOME TAX I S PRESS ROAD, C.R.BUILDING, KOCHI-682018. 4. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), I S PRESS ROAD, KOCHI-682018. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC WP(C).No. 19747 of 2012 (P) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE ORDER OF THE TRANSFER PRICING OFFICER UNDER SECTION 92CA(3) OF THE INCOME TAX ACT DATED 31.10.2011 FOR THE YEAR 2008-09 ISSUED BY THE ADDITIONAL DIRECTOR OF INCOME TAX (TP-1 AND INTERNATIONAL TAXATION) TO THE PETITIONER. EXHIBIT-P2. TRUE COPY OF THE ASSESSMENT ORDER UNDER SECTION 143(3) READ WITH SECTION 144C OF THE INCOME TAX ACT, 1961 DATED 17.02.2012 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT-P3. TRUE COPY OF THE APPEAL DATED 20.03.2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P4. TRUE COPY OF THE EARLY HEARING PETITION DATED 28.06.2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P5. TRUE COPY OF THE ORDER DATED 20.06.2012 OF THE 4TH RESPONDENT DIRECTING THE PETITIONER TO PAY THE DEMAND IN 10 MONTHLY INSTALMENT ISSUED TO THE PETITIONER. EXHIBIT-P6. TRUE COPY OF THE CHALAN NO.280 DATED 30.06.2012 FOR PAYMENT OF RS.7,50,000/- OF THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT-P7. TRUE COPY OF THE STAY PETITION DATED 06.08.2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P8. TRUE COPY OF THE EARLY HEARING PETITION DATED 06.08.2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL RKC // true copy// PA to Judge P.R. RAMACHANDRA MENON, J. --------------------------------------- W.P.(C). No.19747 of 2012 ---------------------------------------- Dated this the 21st day of August, 2012 JUDGMENT Being aggrieved of Ext.P2 assessment order passed by the fourth respondent, the petitioner has preferred Ext.P3 appeal, along with Ext.P7 petition for stay and Ext.P8 early hearing petition, which are pending consideration before the second respondent. The grievance of the petitioner is that, without any regard to the pendency of the above proceedings, the respondents are proceeding with coercive steps, as borne by Ext.P5, which hence are sought to be intercepted by this Court. 2. Heard the learned Standing Counsel for the respondents as well. 3. Considering the facts and circumstances, the second respondent is directed to pass appropriate orders on Ext.P7 petition for stay and Ext.P8 petition for early hearing in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Coercive proceedings pursuant to Ext.P2 assessment W.P.C. No.19747 of 2012 -2- order shall be kept in abeyance till such time. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the second respondent for further steps. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. Kp/- "