M/S. GEO FOUNDATIONS AND STRUCTURES PRIVATE LIMITED V. THE ASSISTANT COMMISSIONER OF INCOME TAX CORPORATE CIRCLE 1

WP(C)/9504/2016

AI Insights

M/S. Geo Foundations & Structures Pvt. Ltd. filed a writ petition against the assessment order issued by the Assistant Commissioner of Income Tax, which confirmed certain tax liabilities. The petitioner had also filed an appeal and a stay petition regarding this assessment order. The main contention was that recovery actions were initiated before the stay petition was considered. The court heard arguments from both sides and decided to direct the second respondent to expedite the consideration of the stay petition and halt any recovery actions until a decision was made.

• Counselvise Citation: [2016] 140 COUNSELVISE.COM (IT) 763278 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 18-03-2016
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: P R MILTON; K J CHACKOCHAN
• Keywords: Assessment Order; Income Tax; Recovery Steps; Stay Petition
• Section: 142(1)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 18TH DAY OF MARCH 2016/28TH PHALGUNA, 1937 WP(C).No. 9504 of 2016 (K) --------------------------- PETITIONER: ------------------- M/S. GEO FOUNDATIONS & STRUCTURES PVT. LTD., 6TH FLOOR, ALPHA PLAZA, K.P.VALLON ROAD, KADAVANTHARA, COCHIN - 682 030, REPRESENTED BY ITS DIRECTOR, K.N.MADHUSUDANAN PILLAI, AGED 56 YEARS, S/O.P.KUNJURAMAN PILLAI. BY ADVS.SRI.P.R.MILTON SRI.K.J.CHACKOCHAN RESPONDENT(S): -------------------------- 1. THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(2), 4TH FLOOR, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, KOCHI - 682 018. 2. COMMISSIONER OF INCOME TAX (APPEALS)-II, ERNAKULAM - 662 018. BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/ WP(C).No. 9504 of 2016 (K) ------------------------------------- APPENDIX PETITIONERS’ EXHIBITS: EXT. P1 : TRUE COPY OF THE RETURN OF INCOME IN RESPECT OF ASSESSMENT YEAR 2012-2013 DATED 29.9.2012. EXT. P2 : TRUE COPY OF THE NOTICE DATED 9.1.2015 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER U/S 142(1) OF THE INCOME TAX ACT, 1961. EXT. P3 : TRUE COPY OF THE DETAILS GIVEN BY THE PETITIONER TO THE FIRST RESPONDENT ON 22.1.2015. EXT. P4 : TRUE COPY OF THE LETTER DATED 11.3.2015 NOTICE U/S.142(1) OF THE INCOME TAX ACT. EXT. P5 : TRUE COPY OF THE ASSESSMENT ORDER DATED 23.3.2015 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT. P6 : TRUE COPY OF THE APPEAL DATED 24.4.2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT. P7 : TRUE COPY OF THE RESPONSE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT. P8 : TRUE COPY OF THE PETITION FOR STAY FILED BEFORE THE SECOND RESPONDENT BY THE PETITIONER ON 8.5.2015. EXT. P9 : TRUE COPY OF THE LETTER DATED 29.7.2015 ISSUED BY THE FIRST RESPONDENT. EXT. P10 : TRUE COPY OF THE NOTICE DATED 11.8.2015. EXT. P11 : TRUE COPY OF THE LETTER DATED 31.12.2015 ISSUED BY THE FIRST RESPONDENT. EXT. P12 : TRUE COPY OF THE STATEMENT FURNISHED BEFORE THE ASSESSING AUTHORITY. EXT. P13 : TRUE PHOTO COPIES OF THE STAY PETITIONS FILED BY THE PETITIONER DATED 5.2.2016. EXT. P14 : TRUE COPY OF THE STAY PETITION DATED 26.2.2016. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE mbr/ A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 9504 of 2016 ===================================================== Dated this the 18th day of March, 2016 JUDGMENT Against Ext.P5 assessment order passed under the Income Tax Act, the petitioner preferred Ext.P6 appeal and Ext.P8 stay petition before the 2nd respondent. It is the case of the petitioner that even before the consideration of the stay petition by the 2nd respondent, recovery steps have been initiated for recovery of the amounts confirmed against the petitioner by Ext.P5 order. 2. I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P8 stay petition preferred by the petitioner before him, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by Ext.P5 order, shall be kept in abeyance till such time as the 2nd respondent -2- W.P.(C). No. 9504 of 2016 passes orders as directed and communicates the same to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 2nd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /18.03.2016 "