Kerala State Financial Enterprises Limited V. Union of India and Commissioner of Income Tax (Appeals) National Faceless Appeal Centre, Delhi and Assessment Unit Income Tax Department, National E-Assessment Centre, Delhi and Deputy Commissioner of Income Tax Circle 1(1) and TPS, Ward TDS, Thrissur

WP(C)/17759/2024

AI Insights

The case involves Kerala State Financial Enterprises Limited, the petitioner, who is an assessee under the Income Tax Act, 1961. The petitioner contested an order of assessment (Ext.P1) for the year 2022-2023 and filed an appeal (Ext.P2) along with a stay petition (Ext.P4) against the recovery of the assessed amount. The primary grievance was the demand for recovery (Ext.P6) made pending the appeal. The court's decision focused on the procedural aspect of handling the stay petition during the appeal process.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 693650 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 31-05-2024
• Assessment Year: misc
• Other Referred Cases: UTI Mutual Fund vs. Income-Tax Officer and Others
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P G JAYASHANKAR
• Assessee Lawyers: KURYAN THOMAS; M GOPIKRISHNAN NAMBIAR; K JOSON MANAVALAN; PAULOSE ABRAHAM; RAJAKANNAN
• Keywords: Appeal; Assessment; Income Tax; Recovery proceedings; Stay Petition
• Section: 246A

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 WP(C) NO. 17759 OF 2024 PETITIONER: KERALA STATE FINANCIAL ENTERPRISES LIMITED BHADRATHA', MUSEUM ROAD, CHEMBUKKAVU, THRISSUR, REPRESENTED BY ITS LIAISON OFFICER (LEGAL) MR. SUDARSANAN T.V, PIN – 680 020. BY ADVS. KURYAN THOMAS M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN PAULOSE C. ABRAHAM RAJA KANNAN RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY ITS REVENUE SECRETARY, MINISTRY OF FINANCE, NEW DELHI, PIN – 110 004. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS APPEAL CENTRE, DELHI, C-BLOCK, 4TH FLOOR, S.P. M. CIVIC CENTER, NEW DELHI, PIN – 110 001. 3 ASSESSMENT UNIT INCOME TAX DEPARTMENT, NATIONAL E-ASSESSMENT CENTRE, ROOM NO.401, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, NEW DELHI, PIN – 110 003. WP(C).No.17759 OF 2024 2 4 THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1(1) AND TPS, WARD TDS, AAYAKAR BHAVAN, SHAKTHAN THAMPURAN NAGAR, THRISSUR – 680 001. SRI. P.G. JAYASHANKAR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17759 OF 2024 3 JUDGMENT The petitioner is an assessee under the Income T ax Act, 1961 (for short, ‘the Act’). Against Ext.P1 order of assessment for the year 2022 - 2023, the petitioner preferred Ext.P2 appeal before the 2nd respondent under Section 246A of the Act. The petitioner has also preferred Ext.P4 stay petition. The grievance of the petitioner is that pending the appeal, Ext.P6 demand has been made for recovery of the amount pursuant to Ext.P1. 2. Ext.P2 is a statutory appeal. The petitioner has preferred Ext.P4 stay petition. There will be a direction to the 2nd respondent to consider Ext.P4 stay petition, as expeditiously as possible, at any rate, within a period of two WP(C).No.17759 OF 2024 4 months from the date of receipt of a copy of this judgment. Till orders are passed on Ext.P4 stay petition, all recovery proceedings pursuant to Exts.P1 and P6 shall be deferred. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.17759 OF 2024 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 THE TRUE COPY OF THE ORDER OF ASSESSMENT DATED 22.03.2024 PASSED BY THE 3RD RESPONDENT FOR THE A.Y 2022-23. EXHIBIT P2 A TRUE COPY OF FORM NO.35 (APPEAL MEMORANDUM WITHOUT ANNEXURES) DATED 17.04.2024 E-FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3 THE TRUE COPY OF THE STATEMENT OF FACTS DATED 11.04.2024 E-FILED BY THE PETITIONER ALONG WITH EXT.P2 APPEAL BEFORE THE 2ND RESPONDENT. EXHIBIT P3(a) THE TRUE COPY OF THE GROUNDS OF APPEAL DATED 11.04.2024 E-FILED BY THE PETITIONER ALONG WITH EXT.P2 APPEAL BEFORE THE 2ND RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE STAY PETITION DATED 11.04.2024, E-FILED ALONG WITH EXT.P2 APPEAL BEFORE THE 2ND RESPONDENT. EXHIBIT P5 THE TRUE COPY OF E-ACKNOWLEDGMENT DATED 17.04.2024, GENERATED AT THE TIME OF FILING OF EXT.P2 APPEAL. EXHIBIT P6 THE TRUE COPY OF THE LETTER DATED 03.05.2024 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 08.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT DATED 09.10.2023 IN W.A NO. 1752 OF 2023 PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT DATED 14.03.2012 PASSED BY THE HON'BLE BOMBAY HIGH COURT IN UTI MUTUAL FUND VS. INCOME-TAX OFFICER AND OTHERS, REPORTED IN (2012) 345 ITR 71 (BOM). RESPONDENTS EXHIBITS: NIL. "