M/S SURABHI WOODS, V. THE PRINCIPAL COMMISSIONER OF INCOME TAX -CENTRAL.,

WP(C)/5168/2022

AI Insights

The case involves M/s Surabhi Woods, represented by its managing partner Shibu Augustine, who filed a writ petition against various respondents including the Principal Commissioner of Income Tax - Central, the Tax Recovery Officer - Central, and others. The petition was brought before the High Court of Kerala at Ernakulam, concerning issues related to tax recovery and property attachment under the SARFAESI Act. During the proceedings, it was submitted by the learned Standing Counsel for respondents 5 and 6 that the entire loan account had been settled, and consequently, they were withdrawing the proceedings. This development led to the closure of the writ petition on the same day it was admitted.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 768120 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 31-05-2022
• Assessment Year: misc
• Laws Referred To: SARFAESI Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K SUNIL
• Assessee Lawyers: L RAJESH NARAYAN
• Keywords: Income Tax; Loan settlement; SARFAESI Act; Writ petition
• Section: 13(2)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 WP(C) NO. 5168 OF 2022 PETITIONER: M/S SURABHI WOODS, DOOR NO. 19/557, 19/558 AND 19/559 , NEAR RAILWAY STATION, ANGAMALY P.O, ERNAKULAM, PIN 683 572, REPRESENTED BY ITS MANAGING PARTNER, SHIBU AUGUSTINE. BY ADV L.RAJESH NARAYAN RESPONDENT: 1 THE PRINCIPAL COMMISSIONER OF INCOME TAX -CENTRAL., 6TH FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD, COCHIN - 682 011. 2 THE TAX RECOVERY OFFICER- CENTRAL, 5TH FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD, COCHIN - 682 011. 3 THE DEPUTY COMMISSIONER OF INCOME TAX, OFFICE OF THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, ERNAKULAM, ALFA LIZA BUILDING, NEAR AMBADY CHAMBERS, OPPOSITE SRV L.P. SCHOOL, CHITTOOR ROAD, KOCHI 682 011. 4 V.P. RASHEED, AGED 63 YEARS S/O. PAREED KHAN, PROPRIETOR, M/S. E-ORIENTAL TIMBERS, N.H. BYEPASS, OPP. CHAITHANYA MARBLES, EDAPPALLY, KOCHI 682 024. 5 THE AUTHORISED OFFICER, SOUTH INDIAN BANK, REGIONAL OFFICE VI/950-C&D, AKP CENTRE, CHRIST COLLEGE ROAD, CHRIST NAGAR, IRINJALAKUDA-680 125 W.P.(C) No.5168 of 2022 2 6 CHIEF MANAGER, SOUTH INDIAN BANK, REGIONAL OFFICE, VI/950-C&D, AKP CENTRE, CHRIST COLLEGE ROAD, CHRIST NAGAR, IRINJALAKUDA-680 125 BY ADVS. P.K.RAVINDRANATHA MENON (SR.) M.S.UNNIKRISHNAN SUNIL SHANKER KEVIN VARGHESE JACOB JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA K.SUNIL ALEENA MARIA JOSE M.ARDRA KRISHNAN KRISHNENDU.D THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.5168 of 2022 3 J U D G M E N T When this matter is taken up for consideration today, the learned Standing Counsel appearing for the respondents 5 and 6 would submit that the entire loan account has been settled and respondents 5 and 6 are withdrawing the proceedings initiated under the SARFAESI Act. In the light of the above submission this Writ Petition will stand closed. Sd/- GOPINATH P. JUDGE ats W.P.(C) No.5168 of 2022 4 APPENDIX OF WP(C) 5168/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 17.6.2017 IN I.A. NO. 1880/2017 IN O.S. NO. 98/2017 OF THE HON'BLE SUB COURT, ERNAKULAM. Exhibit P2 TRUE COPY OF THE LIST OF PROPERTIES ATTACHED DTD. 10.04.2017. Exhibit P3 TRUE COPY OF THE AWARD DATED 4.12.2019. Exhibit P4 TRUE COPY OF THE EXECUTION PETITION DATED 5.6.2020. Exhibit P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 24.9.2020. Exhibit P6 TRUE COPY OF THE NOTICE DATED 10.09.2021. Exhibit P7 TRUE COPY OF THE GUARANTEE INVOCATION LETTER DATED 30.09.2021 Exhibit P8 TRUE COPY OF THE REGISTERED NOTICE DATED 30.09.2021. Exhibit P9 TRUE COPY OF THE ORDER DATED 26.09.2016. Exhibit P10 TRUE COPY OF THE REQUEST DATED 8.10.2020. Exhibit P11 TRUE COPY OF THE LETTER OF INTEREST DATED 19.10.2021. Exhibit P12 TRUE COPY OF THE NOTICE ISSUED UNDER S. 13(2) DATED 3.11.2021. Exhibit P13 TRUE COPY OF THE REPLY TO EXT. P12 SUBMITTED BY THE PETITIONER. Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 23.11.2021 IN WPC NO. 23021/2021. W.P.(C) No.5168 of 2022 5 Exhibit P15 TRUE COPY OF THE ORDER DATED 10.01.2022 OF THE 1ST RESPONDENT. Exhibit P16 TRUE COPY OF THE POSSESSION NOTICE DATED 8.2.2022. "