M/S NEW COCHIN REAL ESTATE DEVELOPERS PROMOTIONS V. THE DY.COMMISSIONER OF INCOME TAX

WP(C)/8826/2015

AI Insights

The case involves M/S New Cochin Real Estate Developers, represented by its managing partner, challenging various orders related to tax assessments and penalties issued by the Income Tax Department. The petitioner filed multiple appeals and stay petitions against these orders, expressing concern over the potential recovery actions that could be taken pending the resolution of these petitions. The High Court of Kerala, after hearing the arguments, decided to intervene by directing the tax authorities to expedite their review of the stay and delay condonation petitions and to halt any recovery actions until a decision is made.

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 758819 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 19-03-2015
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: T M SREEDHARAN; V P NARAYANAN; DIVYA RAVINDRAN
• Keywords: Appeal; Assessment Order; Condonation of delay; Income Tax; Penalty order; Stay Petition
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 WP(C).No. 8826 of 2015 (C) --------------------------- PETITIONER : ------------------ M/S NEW COCHIN REAL ESTATE DEVELOPERS, (NOW DEFUNCT), CITADEL HOUSE, \"C\" NAGAR NADATHARA P.O. THRISSUR-680751 REPRESENTED BY ITS MANAGING PARTNER SHRI.MARTIN SEBASTIAN, AGED 50 YEARS, BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SMT.DIVYA RAVINDRAN RESPONDENTS : --------------------- 1. THE DY.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, ERNAKULAM-82016. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-IV 6TH FLOOR, KERABHAVAN, S.R.V.H.S. ROAD COCHIN-682016. 3. THE ASSISTANT REGISTRAR THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH KENDRIYA BHAVAN, BLOCK NO.C1 & C2, IST FLOOR, KAKKANAD, COCHIN-682031. 4. THE TAX RECOVERY OFFICER, CENTRAL, COCHIN-682011. R1 TO R4 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp WP(C).No. 8826 of 2015 (C) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE ASSESSMENT ORDER ALONG WITH DEMAND NOTICE DATED 31.12.2010 ISSUED BY THE IST RESPONDENT FOR AY-2007-08. EXHIBIT P2: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 12.3.2015 FILED BEFORE THE 2ND RESPONDENT FOR AY-2007-08. EXHIBIT P3: TRUE COPY OF THE STAY PETITION DATED 16.3.2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2007-08. EXHIBIT P4: TRUE COPY OF THE PETITION FOR CONDONATION OF DELAY DATED 12.3.2015 IN FILING THE APPEAL BEFORE THE 2ND RESPONDENT FOR AY-2007-08. EXHIBIT P5: TRUE COPY OF THE PENALTY ORDER ALONG WITH DEMAND NOTICE DATED 30.6.2011 ISSUED BY THE IST RESPONDENT FOR AY-2007-08. EXHIBIT P6: TRUE COPY OF MEMORANDUM OF APPEAL DATED 12.3.2015 FILED BEFORE THE 2ND RESPONDENT FOR AY-2007-08. EXHIBIT P7: TRUE COPY OF THE CONDONATION OF DELAY DATED 12.3.2015 IN FILING THE APPEAL BEFORE THE 2ND RESPONDENT FOR AY 2007-08. EXHIBIT P8: TRUE COPY OF THE STAY PETITION DATED 16.3.2015 FILED BEFORE THE 2ND RESPONDENT FOR AY-2007-08. EXHIBIT P9: TRUE COPY OF THE ASSESSMENT ORDER ALONG WITH DEMAND NOTICE DATED 31.2.2010 ISSUED BY THE IST RESPONDENT FOR AY-2008-09. EXHIBIT P10: TRUE COPY OF THE APPELLATE ORDER DATED 23.12.2014 ISSUED BY THE 2ND RESPONDENT FOR AY-2008-09. EXHIBIT P11: TRUE COPY OF MEMORANDUM OF APPEAL DATED 6.3.2015 FILED BEFORE THE 3RD RESPONDENT ALONG WITH THE HEARING NOTICE DATED 23.12.2014 2015 FOR AY-2008-09. EXHIBIT P12: TRUE COPY OF THE STAY PETITION DATED 17.3.2015 FLED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR AY-2008-09. EXHIBIT P13: TRUE COPY OF NOTICE DATED 24.2.2015 IN FORM NO.ITPC 13 ISSUED BY THE 4TH RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL. --------------------------------------- //TRUE COPY// P.A. TO JUDGE bp A.K.JAYASANKARAN NAMBIAR, J. ------------------------------- W.P.(C).NO.8826 OF 2015 ----------------------------------- Dated this the 19th day of March, 2015 J U D G M E N T Against Ext.P1 assessment order passed under the Income Tax Act, the petitioner preferred Ext.P2 appeal, Ext.P4 delay condonation petition and P3 stay petition before the 2nd respondent. Similarly against Ext.P10 first appellate order, petitioner preferred Ext.P11 appeal and Ext.P12 stay petition before the 3rd respondent. Further, against Ext.P5 penalty order, the petitioner has preferred Ext.P6 appeal, Ext.P7 delay condonation petition and Ext.P8 stay petition before the 2nd respondent. The apprehension of the petitioner is that recovery steps, for recovery of the amounts confirmed against the petitioner by Exts.P1, P5, and P10 orders, will be proceeded with, pending disposal of the stay petition by the 2nd respondent. 2. I have heard the learned counsel for the petitioner and the learned Standing counsel for the respondents. 3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions: W.P.(C).NO.8826 OF 2015 2 i. The 2nd and 3rd respondents shall consider and pass orders on stay petitions and delay condonation petitions within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. ii. Recovery steps for recovery of tax and penalty amounts confirmed against the petitioner by Exts.P1, P5 and P10 orders shall be kept in abeyance till orders are passed by the 2nd and 3rd respondents as directed above and communicated to the petitioner. iii. The order to be passed by the 2nd and 3rd respondents shall be a reasoned one adverting to the contentions of the petitioner regarding existence of a prima facie case for a stay of recovery pending disposal of the appeal. A.K.JAYASANKARAN NAMBIAR JUDGE mns W.P.(C).NO.8826 OF 2015 3 "