JAGEE JEWELLERS V. THE ASSISTANT COMMISSIONER FO INCOME TAX CIRCLE 1(2)

WP(C)/18879/2012

AI Insights

The case involves Jagee Jewellers, a partnership firm, which faced assessment orders for the years 2007-08 to 2009-10 issued by the Assistant Commissioner of Income Tax, Thiruvananthapuram. Aggrieved by these orders, the petitioner filed appeals and stay petitions with the Commissioner of Income Tax (Appeals). Meanwhile, the tax authorities instructed the petitioner's bankers to attach the accounts to realize the dues, prompting the petitioner to seek relief from the High Court of Kerala. The court's intervention was sought to halt the enforcement of the tax dues while the appeals were pending.

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 755910 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 10-08-2012
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: V MARKOS; MATHEWS UTHUPPACHAN; TERRY JAMES
• Keywords: Appeal; Assessment Order; Bank Account Attachment; Income Tax; Stay Petition

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH DAY OF AUGUST 2012/19TH SRAVANA 1934 WP(C).No. 18879 of 2012 (H) --------------------------------------- PETITIONER: ------------------- JAGEE JEWELLERS, KALLAMBALAM, THIRUVANANTHAPURAM, PINCODE-695 605, REPRESENTED BY ITS MANAGING PARTNER MR.R.JAYARAM. BY ADVS.SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.TERRY V.JAMES. RESPONDENTS: ------------------------ 1. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1 (2), THIRUVANANTHAPURAM-695 011. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM-695 011. 3. THE ASSISTANT DIRECTOR OF INCOME TAX, THIRUVANANTHAPURAM-695 011. BY SRI.JOSE JOSEPH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.18879/2012-H: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF ASSESSMENT ORDER DTD.29.12.2011 FOR THE ASSESSMENT YEAR 2007-2008 ISSUED BY R1. EXT.P2 : TRUE COPY OF ASSESSMENT ORDER DTD.29.12.2011 FOR THE ASSESSMENT YEAR 2008-2009 ISSUED BY R1. EXT.P3 : TRUE COPY OF ASSESSMENT ORDER DTD.29.12.2011 FOR THE ASSESSMENT YEAR 2009-10 ISSUED BY R1. EXT.P4 : TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.27.2.2012 FOR THE ASSESSMENT YEAR 2007-08. EXT.P5 : TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.27.2.2012 FOR THE ASSESSMENT YEAR 2008-09. EXT.P6 : TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.27.2.2012 FOR THE ASSESSMENT YEAR 2009-10. EXT.P7 : TRUE COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.23.7.2012 FOR THE ASSESSMENT YEAR 2007-08. EXT.P8 : TRUE COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.23.7.2012 FOR THE ASSESSMENT YEAR 2008-09. EXT.P9 : TRUE COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.23.7.2012 FOR THE ASSESSMENT YEAR 2009-10. EXT.P10: TRUE COPY OF THE LETTER DTD.12.7.2012 FROM FEDERAL BANK LTD., BRANCH KALLAMBALAM TO THE PETITIONER. EXT.P11: TRUE COPY OF LETTER DTD.12.7.2012 FROM STATE BANK OF TRAVANCORE, BRANCH KALLAMBALAM TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R. RAMACHANDRA MENON, J. --------------------------------------- W.P.(C).No.18879 of 2012 ---------------------------------------- Dated this the 10th day of August, 2012 JUDGMENT The petitioner is a partnership firm whose assessment in respect of the assessment years 2007-08 to 2009-2010 was completed as per Exts.P1 to P3 assessment orders dated 29.12.2011. Being aggrieved of the said orders, the petitioner has already approached the second respondent/appellate authority by filing Exts. P4 to P6 appeals along with Exts. P7 to P9 petitions for stay. In the meanwhile, the respondents have issued instructions to the bankers of the petitioner whereby the accounts have sought to be attached so as to realize the amount admittedly due from the petitioner which made the petitioner to approach this Court by filing this writ petition. 2. Heard the learned Standing Counsel for the respondents as well. 4. Considering the facts and circumstances, the second respondent is directed to consider and pass appropriate orders on Exts.P7 to P9 petitions for stay in accordance with law, as W.P.C. No. 18879 of 2012 -2- expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Implementation of all further proceedings for realization of the due amount flowing from Exts.P1 to P3 shall be kept in abeyance till such time. Writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. Kp/- "