Kerala High Court
M/S. Josco Bullion Traders Pvt ... vs Assessment Unit on 24 October, 2025
2025:KER:79621
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 32983 OF 2024
PETITIONER/S:
M/S. JOSCO BULLION TRADERS PVT. LTD.,
CENTRAL JUNCTION, BUILDING NO.XII/759 K.K. ROAD,
KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER,
SHRI. SABU THOMAS, PIN - 686001
BY ADVS.
SMTG.MINI(1748)
SHRI.A.KUMAR (SR.)
SHRI.P.J.ANILKUMAR
SRI.P.S.SREE PRASAD
SHRI.BALASUBRAMANIAM R.
RESPONDENT/S:
1 ASSESSMENT UNIT,
INCOME TAX DEPARTMENT, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI, PIN - 110001
2 THE PRINCIPAL COMMISSIONER OF INCOME TAX,
BAKER HILL, KOTTAYAM, PIN - 686002
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.10.2025, ALONG WITH WP(C).14756/2025, 25435/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:79621
W.P.(C) Nos.29750, 25435, 32983 and
38057 of 2024 and 14756 of 2025
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 14756 OF 2025
PETITIONER/S:
M/S. JOSCO BULLION TRADERS PVT LTD,
CENTRAL JUNCTION,
BUILDING NO.XII/759 K.K.ROAD,
KOTTAYAM
REPRESENTED BY ITS GENERAL MANAGER
SHRI. SABU THOMAS,
PIN - 686001
BY ADVS.
SMTG.MINI(1748)
SHRI.A.KUMAR (SR.)
SHRI.P.J.ANILKUMAR
SRI.P.S.SREE PRASAD
SHRI.SATYAJITH K. WARRIER
SHRI.ARUN R.
RESPONDENT/S:
1 ASSESSMENT UNIT,INCOME TAX DEPARTMENT,
MINISTRY OF FINANCE,
GOVERNMENT OF INDIA,
NEW DELHI,
PIN - 110001
2 THE PRINCIPAL COMMISSIONER OF INCOME TAX,BAKER
HILL, KOTTAYAM ,
KOTTAYAM DISTRICT,
PIN - 686002
BY ADVS.
SHRI.JOSE JOSEPH, SC, INCOME TAX DEPARTMENT,
2025:KER:79621
W.P.(C) Nos.29750, 25435, 32983 and
38057 of 2024 and 14756 of 2025
3
KERALA
SRI.CYRIAC TOM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.10.2025, ALONG WITH WP(C).32983/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:79621
W.P.(C) Nos.29750, 25435, 32983 and
38057 of 2024 and 14756 of 2025
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 25435 OF 2024
PETITIONER/S:
P.P.ALPHONSA,PYLOTH PANTHALOOKARAN,
AGED 65 YEARS
XXII/193, PAYYAPPALLIL HOUSE, THIRUVATHUCKAL,
KOTTAYAM, PIN - 686003
BY ADVS.
SMTG.MINI(1748)
SHRI.A.KUMAR (SR.)
SHRI.P.J.ANILKUMAR
SRI.P.S.SREE PRASAD
SHRI.BALASUBRAMANIAM R.
RESPONDENT/S:
1 ASSESSMENT UNIT,
INCOME TAX DEPARTMENT, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI, PIN - 110001
2 THE PRINCIPAL COMMISSIONER OF INCOME TAX,
PUBLIC LIBRARY, SHASTRI ROAD, KOTTAYAM, PIN -
686001
3 THE CENTRAL BOARD OF DIRECT TAXES,
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI, PIN -
110001
4 UNION OF INDIA,
THROUGH THE SECRETARY, DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH
BLOCK, NEW DELHI, PIN - 110001
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.10.2025, ALONG WITH WP(C).32983/2024 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:79621
W.P.(C) Nos.29750, 25435, 32983 and
38057 of 2024 and 14756 of 2025
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 29750 OF 2024
PETITIONER/S:
M/S. JOSCO BULLION TRADERS PVT. LTD.,
CENTRAL JUNCTION, BUILDING NO.XII/759, K.K. ROAD,
KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER,
SHRI. SABU THOMAS, PIN - 686001
BY ADVS.
SMTG.MINI(1748)
SHRI.A.KUMAR (SR.)
SHRI.P.J.ANILKUMAR
SRI.P.S.SREE PRASAD
SHRI.BALASUBRAMANIAM R.
SHRI.ARUN R.
RESPONDENT/S:
1 ASSESSMENT UNIT,
INCOME TAX DEPARTMENT, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI, PIN - 110001
2 THE PRINCIPAL COMMISSIONER OF INCOME TAX,
BAKER HILL, KOTTAYAM, PIN - 686002
BY ADVS.
SHRI.JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA
SRI.CYRIAC TOM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.10.2025, ALONG WITH WP(C).32983/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:79621
W.P.(C) Nos.29750, 25435, 32983 and
38057 of 2024 and 14756 of 2025
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
WP(C) NO. 38057 OF 2024
PETITIONER/S:
M/S. JOSCO BULLION TRADERS PVT LTD., CENTRAL
JUNCTION,
BUILDING NO.XII/759 K.K.ROAD, KOTTAYAM,
REPRESENTED BY ITS GENERAL MANAGER,SHRI. SABU
THOMAS, PIN - 686001
BY ADVS.
SMTG.MINI(1748)
SHRI.A.KUMAR (SR.)
SHRI.P.J.ANILKUMAR
SRI.P.S.SREE PRASAD
SHRI.BALASUBRAMANIAM R.
SHRI.ARUN R.
RESPONDENT/S:
1 ASSESSMENT UNIT,
INCOME TAX DEPARTMENT, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI, PIN - 110001
2 THE PRINCIPAL COMMISSIONER OF INCOME TAX,
BAKER HILL, KOTTAYAM, PIN - 686002
BY ADVS.
SHRI.JOSE JOSEPH, SC, INCOME TAX DEPARTMENT,
KERALA
SRI.CYRIAC TOM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.10.2025, ALONG WITH WP(C).32983/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:79621
W.P.(C) Nos.29750, 25435, 32983 and
38057 of 2024 and 14756 of 2025
7
JUDGMENT
In all these cases, except W.P.(C) No.25435/2024, the petitioners are the companies registered under the Companies Act and engaged in the business of gold under the same group, namely Josco Group. As far as the petitioner in W.P.C No. 25435/2024 is concerned, it is filed by an individual, who is also engaged in the very same business and coming under the same group. A common issue arises in these cases is, as to the valuation of the gold to be made, for the purpose of assessment under the Income Tax Act, in respect of the income they received from the business they carried out.
2. Earlier, while valuing the stock/inventory of the petitioners, the method used was Last in First Out method (LIFO). Later, an amendment was brought to Section 145A of the Income Tax Act, with effect from 01.04.2017, the method to determine the cost using the LIFO was done away with. The Constitutional validity of the said amendment was challenged by the petitioners, in W.P.(C) No.1529/2024 and connected cases, which ultimately resulted in Ext.P5 judgment in W.P.(C) No.29750/2024. Even 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 8 though the Constitutional validity of Section 145A was upheld, after considering all relevant aspects, in Ext.P5 judgment, the learned Single Judge concluded the judgment with the following observations.
"Given the aforesaid discussion, all the writ petitions are partly allowed, and the impugned notices in all the writ petitions are quashed. The respondents are directed to either accept the valuation of both opening and closing stock, for the Assessment Year 2017-2018, based on the LIFO method or permit the petitioners to value their stocks by applying the FIFO or weighted average cost method."
3. Thus, all the petitioners were granted an opportunity to have the valuation of both opening and closing stock for the assessment year upto 2017-18, through LIFO method and thereafter, for the subsequent period, the petitioners will have to value their stock by applying the method of FIFO (First In First Out), or Weighted Average Cost method.
4. Thus, even though the petitioners have challenged the Ext.P5 judgment, those challenges were repelled, and Ext.P5 has become final. Thereafter, the assessment proceedings in respect of the subsequent years were initiated, and as part of the same, 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 9 show cause notices were issued to the petitioners. In W.P.C No.29750/2024, Ext.P7 reply was submitted by the petitioner, along with the same, the following documents were submitted and the details of the same are specifically mentioned in Clause B of Ext.P7 which reads as follows.
"B. Regarding other accounts documents or information sought vide Notice No. U/s 142(1) DIN No. ITBA/AST/F/142(1)/2023- 24/1059246536(1) dated 01.01.2024
1. Purchase register, sales register and stock register for the year ended 31.03.2022 attached herewith.
2. Details of gold and diamond stock as on 31.03.2021 & 31.03.2022 with purity, colour, cut & clarity are attached. We are dealing with cut & polished diamonds which are under EF-VVS standard.
3. Details of closing stock such as quantity, purity, rate of acquisition attached.
4. The rates used to value the closing stock are the rates as per the existing LIFO Method followed by the assessee.
5. Details sought are attached herewith. All business-to-business purchase details are submitted. During the year under scrutiny, the company purchased from retail customers old gold worth Rs. 1045.73 Crores and old diamonds worth Rs. 3.28 Crores of which the company generated purchase invoices. Since the volume is huge and all are retail customers, party wise breakup was not submitted previously.
6. Being a retail trader of jewellery ornaments, the major chunk of Sales turnover comprises of exchange of old ornaments for new ornaments by retail customers. As such, old gold exchange will account as purchase as per GST Law and new gold ornaments 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 10 sales will form part of turnover. The company had made Rs. 1045 Crores worth old gold & Rs. 3.28 Crores worth old diamonds from retail customers during the Financial Year 2021-22.
7. Details sought are attached herewith.
8. Copy of Invoices sought are attached herewith. Kindly go through the submission ID 100069209165 and revert us the further details if any required."
5. The attachments along with the Ext.P7 indicate that the soft copies of the invoices, stock register, etc were produced along with Ext.P7. In the case of notices received to the other petitioners also, similar objections were furnished along with the documents which are referred to in Ext.P7 as well. Thereafter, repeated notices and replies were exchanged between the parties before the assessments were finalised. Ultimately, in W.P.(C) No.29750/2024, the assessment was finailised as per Ext.P11 and the concluding part of the said assessment reads as follows:
"4.2.4.6 Assessee submitted inventory valuation as per weighted average cost method. However, the assessee has not submitted detailed working along with the required supporting. In absence of supporting; this office can't accept the inventory valuation as per weighted average cost method which was submitted by the assessee.
However, assessee has only submitted three-four copies of purchase bills (the same were provided details of rate of gold), 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 11 which is very limited to verify the claim of the assessee even on test check sample basis. Thus, this submission doesn't help this office to verify the assessee's claim regarding the quantity of gold in different categories of gold on purity basis. Thus, the assessee failed to substantiate its above mentioned claim. Hence, the claim of the assessee is not acceptable merely on its statements. The closing stock of the assessee for the Financial Year 2021-22, relevant to the Assessment Year 2022-23 is valued as per the LIFO at Rs.4,59,90,28,894/-. As per the provisions of Section 145A in line with the Para 16 of lCDS-ll in notification no. 87/2016 dated 29.09.2016, the assessee is liable to adopt FIFO or Weighted average calculation for valuation of inventory from AY 2017-18 including the concerned financial year. 4.2.4.7 ln view of above, the closing stock of the assessee would vary from the closing stock declared by the assessee for the financial year 2016-17 to the concerned financial year. Every years opening stock would also change according to the change in the closing stock of preceding year. However, the assessee has not provided these complete details for all these relevant years which the assessee is very well aware of as mentioned in his submission dated 22.07.2024 and 26.07.2024. These details are required for the correct valuation of inventory for both the methods i.e. weighted average or FIFO. Hence, this office fails to understand and accept the basis of calculation adopted by the assessee to provide the valuation of inventory as per the weighted average method, without providing us the details of correct changed value of closing stock from FY 2016-17 till the concerned financial year.
6. In view of above and in accordance of law, this office has duly adopted the Net Realisable Value (NRV) to determine the correct closing stock for the concerned financial year which is 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 12 Rs.792,98,77,423/- (calculation of NRV is already discussed above in para 4.2.4.3). Subject to rectification if assessee provides required supporting as discussed in above paras in support of his claim of quantity of gold in different categories 24 Carat/22 Carat/18 Carat.
4.2.4.8 ln view of the above and absence of requisite details, the amount of Rs.333,08,48,529/- i.e. difference between Net Realisable Value of closing stock and value of closing stock adopted by the assessee as per LIFO method, is added back to the assessee's income. Penalty proceedings u/s 270A of the Act initiated separately for under-reporting in consequence of misi.eporting of income of Rs.333,08,48,529/-"
6. Thus, after making the said observations, the assessment was completed. In the other cases also, the respective assessments were completed, with similar observations and the reasons. These assessment orders are under challenge in these writ petitions.
7. One of the main contentions raised by the petitioners is that, despite the fact that, in the light of the observations and findings in Ext.P5, the petitioners have the right to value their stocks by applying the Weighted Average Cost method, which is adopted by the petitioners. It is pointed out that, in all the replies submitted in response to the notices issued to the petitioners, this was intimated and all necessary supporting documents to verify 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 13 the correctness of the valuation made by the petitioners by adopting the said method, were also submitted along with those replies. Despite the above, the assessing officer concerned, adopted a different method, without considering the same. It is pointed out that the sole reason for which the Weighted Average Cost method was not adopted by the assessing officer is that, according to the said officer, the petitioners failed to furnish the necessary details to enable the officer concerned to make an assessment adopting the weighted average calculation, which is factually not correct according to the petitioners.
8. A statement has been submitted by the learned Standing Counsel on behalf of the respondents, wherein, the contentions raised by the petitioners are denied and the reliefs sought are opposed. The respondents have also raised a question as to the maintainability of the writ petition in view of the fact that, the challenge is against an assessment order for which appellate remedies are available.
9. I have heard, Sri. Ajay Vohra, the learned Senior Counsel and Sri. A. Kumar, the learned Senior Counsel appearing for the petitioners and Sri.Jose Joseph, the learned Standing 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 14 Counsel for the respondents.
10. Various contentions have been raised by the petitioners with regard to the discrepancies in the valuation made by the assessing officer in Ext.P11 in W.P.(C) No.29750/2024 and the similar assessment orders impugned in the other writ petitions.
However, one of the crucial aspects to be noticed is that, the basic issue that arises for consideration is in respect of the fact that, the assessments were completed, as evidenced by the orders impugned in this writ petition, by adopting a different method of valuation, without accepting the weighted average calculation method opted by the petitioner, which was permitted by this court in Ext P5 judgment referred to above. Such non-acceptance was on the reason that, the petitioners failed to furnish necessary documents in this regard. It is observed in the assessment orders that, the assessee has submitted only three or four copies of the purchase bills which were not sufficient to verify the correctness of the valuation. Therefore, the Officer concerned, has expressed his inability to verify the genuineness of the valuation made by the petitioners.
11. In this regard, it is to be noted that, going by the 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 15 documents produced before this Court, it is evident that, as far as the total quantity of gold involved is concerned, apparently there is no dispute and the quantity claimed by the petitioners is accepted by the Department. Therefore, the question that remains is only relating to the valuation. Even when coming to the method of valuation to be adopted, that also is evidently settled as per Ext.P5 judgment, where, an option has been granted to the petitioners. In exercise of the same, the petitioner has already opted for weighted average method. Therefore, the entitlement of the petitioner to have the stocks valued, based on the weighted average cost method is also not in dispute. Therefore, the limited question is whether there is any denial of the opportunity to the petitioners to adopt the said method.
12. While considering the aforesaid question, the crucial aspect to be noticed is that, Ext.P7 in WP(C) 29750/2024 contains the printout of the details of the invoices produced along with reply submitted by the petitioners. Going by the size of the said documents in terms of bytes, it gives a clear indication that the invoices produced by the petitioners along with Ext.P7 were substantial in number, and the same do not confine to 3 or 4 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 16 invoices, as referred to in the impugned assessment orders.
Therefore, the fact that, the petitioners have produced documents in support of the valuation they have made, by adopting the weighted average cost method, is substantiated from Ext.P7 and similar documents produced in the other writ petitions.
13. However, despite the above, the impugned assessment orders were passed, without any specific reference to those documents, but instead, the assessments were completed on the sole reason that the petitioners failed to furnish documents in this regard. Therefore, Ext.P11 in WP(C) No. 29750/2024 and the similar assessment orders impugned in other writ petitions were passed without taking into consideration the materials placed before them, and hence, those are incomplete. Thus, in all these cases, the matter requires reconsideration.
14. When it comes to the question of reconsideration, the learned senior counsel for the petitioners pointed out that, all these assessment orders were passed by different authorities. The learned senior counsel for the petitioners further pointed out that, now as per order dated 29.07.2025, passed under Sec.127 (2) of the Income Tax Act 1961, a copy of which is produced as Ext.P19 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 17 in W.P.C NO.25435 of 2024, all the petitioners/assessees have been brought under a single officer as part of centralization and accordingly all the assessments of the petitioners herein, by treating them as a group, are being made by the DCIT/ACIT Central Circle, Kottayam.
In such circumstances, all these writ petitions are disposed of, quashing the respective assessment orders, including penalty notices, impugned in these writ petitions, with a direction to the assessing officer, notified as per Ext P19 in W.P.(C) No.25435/2024, to re-assess petitioners in respect of the relevant assessment years, after taking note of the documents furnished by the petitioners, as evidenced by the objections submitted. In case writ petitioners intend to submit any further documents, it shall be open to them to file such additional documents. Thereafter, fresh assessments will have to be made, after giving the petitioners a reasonable opportunity for being heard. Needless to say that, while completing the assessment, observations, findings and principles in Ext.P5 judgment rendered by this Court are to be taken into account and the decisions shall be taken in tune with the same. This shall be done as expeditiously as possible. It is 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 18 pointed out that, in W.P.(C)No. 25435/2024, what is under challenge is a show cause notice and the assessment has not been finalised. Therefore, it is ordered that, in the said case, the authority as referred to above, shall finalise the assessment order by applying the principles which were directed to be considered by this Court in this judgment.
Sd/-
ZIYAD RAHMAN A.A. JUDGE rpk/SM27.10 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 19 APPENDIX OF WP(C) 32983/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INCOME TAX RETURNS WITH ACKNOWLEDGEMENT DATED 20.11.2020 Exhibit P2 TRUE COPY OF THE FORM 3CD REPORT DATED 20.11.2020 Exhibit P3 TRUE COPY OF THE NOTICE DATED 29/06/2021 Exhibit P4 TRUE COPY OF THE REPLY WITH ACKNOWLEDGEMENT DATED 05/07/2021 Exhibit P5 TRUE COPY OF THE NOTICE DATED 08/11/2021 Exhibit P6 TRUE COPY OF THE REPLY WITH ACKNOWLEDGEMENT DATED 30/11/2021 Exhibit P7 TRUE COPY OF THE JUDGMENT IN. W.P.(C)NO.
28444/2021 DATED 20.05.2024 OF THIS HON'BLE COURT.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO. 880/2024 DATED 22.08.2024 OF THIS HON'BLE COURT.
Exhibit P9 TRUE COPY OF THE NOTICE DATED 01.08.2024 Exhibit P10 TRUE COPY OF THE REPLY DATED 07.08.2024 Exhibit P11 TRUE COPY OF THE NOTICE DATED 13.08.2024 Exhibit P12 TRUE COPY OF THE REPLY DATE 15.08.2024 Exhibit P13 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 16.08.2024 Exhibit P14 TRUE COPY OF THE REPLY DATED 20.08.2024 Exhibit P15 TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2020-21 DATED 06.09.2024 Exhibit P16 TRUE COPY OF THE DEMAND NOTICE DATED 06.09.2024 Exhibit P17 TRUE COPY OF THE INTERIM ORDER IN W.P© NO 29750/2024 DATED 22.08.2024 OF THIS HON'BLE COURT.
2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 20 APPENDIX OF WP(C) 14756/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INCOME TAX RETURNS WITH ACKNOWLEDGEMENT DATE D 30-09-2023 Exhibit P2 TRUE COPY OF THE FORM 3CD REPORT DATED NIL Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P.C. NO.
W.P.(C)NO. 28444/2021 DATED 20.05.2024 Exhibit P4 TRUE COPY OF THE NOTICE DATED 14.08.2024 Exhibit P5 TRUE COPY OF THE REPLY DATED 28.08.2024 Exhibit P6 THE TRUE COPY OF THE ACKNOWLEDGEMENT OF THE ATTACHMENT MADE TO THE REPORT AS OBTAINED FROM THE PORTAL FILED ALONG WITH THE REPLY DATED NIL Exhibit P7 TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 12.09.2024 Exhibit P8 THE TRUE COPY OF THE ATTACHMENTS ALONG WITH THE REPLY AS ACKNOWLEDGED IN THE INCOME TAX PORTAL DATED NIL Exhibit P9 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 10.02.2025 Exhibit P10 TRUE COPY OF THE REPLY DATED 18.02.2025 Exhibit P11 THE TRUE COPY OF THE ATTACHMENTS ALONG WITH THE REPLY AS ACKNOWLEDGED IN THE INCOME TAX PORTAL DATED NIL Exhibit P12 TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2023-24 DATED 21.03.2025 Exhibit P13 TRUE COPY OF THE PENALTY NOTICE DATED 21.03.2025 Exhibit P14 TRUE COPY OF THE INTERIM ORDER IN W.P(C) NO. 29750/2024 DATED 12.11.2024 OF THIS HON'BLE COURT Exhibit P15 TRUE COPY OF THE SAID ORDER DATED 29.7.2025.
Exhibit P16 TRUE COPY OF THE PETITIONER'S REQUEST DATED 30.06.2025.
Exhibit P17 TRUE COPY OF THE INTIMATION DATED 28.02.2025 OF INCOME TAX CIRCLE AND TPS, 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 21 KOTTAYAM.
Exhibit P18 TRUE COPY OF THE NOTICE DATED 26.3.2025. Exhibit P19 TRUE COPY OF THE NOTICE UNDER SECTION 148 DATED 26.6.2025.
Exhibit P20 TRUE COPY OF THE ORDER PASSED UNDER SECTION 148A(3) DATED 26.6.2025.
Exhibit P21 TRUE COPY OF THE COVERING LETTER DATED 7.3.2025 TOGETHER WITH THE CERTIFICATE OF THE AUDITOR.
2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 22 APPENDIX OF WP(C) 25435/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE DATED 22/09/2019 FOR A.Y 2018-2019 Exhibit P2 TRUE COPY OF THE REPLY DATED 24/12/2019 Exhibit P3 TRUE COPY OF THE NOTICE DATED 11/02/2020 Exhibit P4 TRUE COPY OF THE NOTICE DATED 29.6.2021 FOR A.Y 2020-2021 Exhibit P5 TRUE COPY OF THE NOTICE DATED 4.12.2021 Exhibit P6 TRUE COPY OF THE WRIT PETITION (WITHOUT EXHIBITS) NO. 17828/2020 OF THIS HONOURABLE COURT Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.17828/2020 DATED 26.8.2020 Exhibit P8 TRUE COPY OF THE W.P© NO. 30448/2021 (WITHOUT EXHIBITS) Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 23.12.2021 IN W.P.(C) NO. 30448/2021 Exhibit P10 TRUE COPY OF THE NOTICE DATED 5.7.2024 FOR A.Y 2018-2019 Exhibit P11 TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 9.7.2024 ALONG WITH ANNEXURES Exhibit P12 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 11.7.2024 FOR A.Y.2018-2019 Exhibit P13 TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 142(1) DATED 31.5.2024 FOR A.Y.2020-2021 Exhibit P14 TRUE COPY OF THE REPLY DATED 5.6.2024 Exhibit P15 TRUE COPY OF THE NOTICE DATED 27.6.2024 Exhibit P16 TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 10.7.2024 ALONG WITH ANNEXURES Exhibit P17 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 11.7.2024 FOR THE ASSESSMENT YEAR 2020-21 Exhibit P18 TRUE COPY OF THE ORDER AND THE SHOW CAUSE NOTICE DATED 11.7.2024 FOR THE ASSESSMENT 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 23 YEAR 2018-19 IN THE MATTER OF SHRI JOSE Exhibit P19 TRUE COPY OF THE ORDER OF THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI DATED 29.07.2025.
Exhibit P20 TRUE COPY OF THE PETITIONER'S REQUEST DATED 30.06.2025.
Exhibit P21 TRUE COPY OF PETITIONER'S SUBMISSION FOR
THE ASSESSMENT YEAR 2021-22 DATED
7.3.2025 TOGETHER WITH THE QUANTITATIVE DETAILS CERTIFIED BY THE STATUTORY AUDITOR.
Exhibit P22 TRUE COPY OF THE ORDER UNDER SECTION
148A(3) DATED 26.6.2025 IS PRODUCED
HEREWITH AND MARKED AS EXHIBIT P22
2025:KER:79621
W.P.(C) Nos.29750, 25435, 32983 and
38057 of 2024 and 14756 of 2025
24
APPENDIX OF WP(C) 29750/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE INCOME TAX RETURNS
(RELEVANT PAGES) WITH ACKNOWLEDGEMENT DATED 30.09.2022 Exhibit P2 TRUE COPY OF THE FORM 3CD REPORT DATED 30.09.2022 Exhibit P3 TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 142(1) DATED 4.10.2023.
Exhibit P4 TRUE COPY OF THE NOTICE DATED 01.01.2024. Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P© NO.
1529/2024 DATED 20.05.2024 OF THIS HONOURABLE COURT Exhibit P6 TRUE COPY OF THE NOTICE DATED 18.7.2024. Exhibit P7 TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 22.7.2024.
Exhibit P8 TRUE COPY OF THE NOTICE DATED 23.7.2024. Exhibit P9 TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 26.7.2024.
Exhibit P10 TRUE COPY OF THE PETITIONER'S REPLY DATED 29.7.2024.
Exhibit P11 TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2022-23 DATED 03.08.2024 Exhibit P12 TRUE COPY OF THE DEMAND NOTICE DATED 03.08.2024 Exhibit P13 TRUE COPY OF THE PENALTY NOTICE DATED 03.08.2024 2025:KER:79621 W.P.(C) Nos.29750, 25435, 32983 and 38057 of 2024 and 14756 of 2025 25 APPENDIX OF WP(C) 38057/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INCOME TAX RETURNS WITH ACKNOWLEDGEMENT DATED 29.09.2018 Exhibit P2 TRUE COPY OF THE FORM 3CD REPORT DATED 03.09.2018 Exhibit P3 TRUE COPY OF THE NOTICE DATED 23.09.2019 Exhibit P4 TRUE COPY OF THE REPLY WITH ACKNOWLEDGEMENT DATED 24.12.2019 Exhibit P5 TRUE COPY OF THE NOTICE DATED 11.02.2020 Exhibit P6 TRUE COPY OF THE REPLY WITH ACKNOWLEDGEMENT DATED 24.02.2020 Exhibit P7 TRUE COPY OF THE JUDGMENT IN. W.P.(C)NO.
17964/2020 DATED 20.05.2024 OF THIS HON'BLE COURT.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO. 889/2024 DATED 22.08.2024 OF THIS HON'BLE COURT.
Exhibit P9 TRUE COPY OF THE NOTICE DATED 01.08.2024 Exhibit P10 TRUE COPY OF THE REPLY DATED 07.08.2024 Exhibit P11 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 13.08.2024 Exhibit P12 TRUE COPY OF THE REPLY DATED 20.08.2024 (WITH RELEVANT ANNEXURES) Exhibit P13 TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2018-19 DATED 11.10.2024 Exhibit P14 TRUE COPY OF THE DEMAND NOTICE DATED 11.10.2024 Exhibit P15 TRUE COPY OF THE PENALTY NOTICE ISSUED UNDER SECTION 270A DATED 11.10.2024 Exhibit P16 TRUE COPY OF THE INTERIM ORDER IN W.P (C) NO 29750/2024 DATED 22.08.2024 OF THIS HON'BLE COURT.