Kerala High Court
Save A Family Plan (India) vs The Deputy Commissioner Of Income Tax ... on 20 January, 2022
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
WP(C) No.1976/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 20th day of January 2022 / 30th Pousha, 1943
WP(C) NO. 1976 OF 2022
PETITIONER:
SAVE A FAMILY PLAN (INDIA), AISWARYAGRAM, PARAPPURAM,
KANJOOR,ERNAKULAM 683593, REPRESENTED BY ITS EXECUTIVE DIRECTOR,
FR.MARSHEL MELAPPELLY.
RESPONDENTS:
1. THE DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS), CENTRAL REVENUE
BUILDING, I.S.PRESS ROAD, KOCHI-682018.
2. THE COMMISSIONER OF INCOME TAX(APPEALS), AREECKAL MANSION,
PANAMPILLY NAGAR, KOCHI-682036.
3. COMMISSIONER OF INCOME TAX(APPEALS), NATIONAL FACELESS ASSESSMENT
CENTRE, NEW DELHI-110001.
4. THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, NATIONAL E-
ASSESSMENT CENTRE, NEW DELHI-110001.
5. UNION OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH
BLOCK, NEW DELHI-110001, REPRESENTED BY ITS SECRETARY.
6. THE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH, 1ST FLOOR, BLOCK C-I
& C-II KENDRIYA BHAVAN, KAKKANAD, KERALA-682037.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation and implementation of Ext.P2 and recovery of
the disputed amounts demanded under Exhibit P1 and P6 pending disposal of
the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.JOSEPH MARKOSE (SENIOR ADVOCATE) along with M/S.ABRAHAM MARKOS,
ABRAHAM JOSEPH MARKOS, ISAAC THOMAS, P.G.CHANDAPILLAI ABRAHAM, ALEXANDER
JOSEPH MARKOS & SHARAD JOSEPH KODIANTHARA, Advocates for the petitioner,
SRI.CHRISTOPHER ABRAHAM Advocate for R1 to R4(By Order) and of ASSISTANT
SOLICITOR GENERAL OF INDIA for R5 (By Order), the court passed the
following:
WP(C) No.1976/2022 2/3
ORDER
Adv.Mr.Christopher Abraham takes notice for respondents 1 to
4. Learned Assistant Solicitor General of India takes for 5th respondent
- Union of India. Notice to Income Tax Appellate Tribunal - 6th respondent is dispensed with for the time being.
No much deliberation with the interim relief sought for is required since the learned Standing Counsel appearing for the Income Tax Department has submitted that already similar writ petitions are admitted and interim order is granted. One such order is produced before me, in WP(C) No.1734/2022 dated 18.01.2022.
In that view of the matter, the writ petition is admitted and there will be an interim stay as prayed for, for a period of one month.
Post along with connected writ petitions.
20.01.2022.
Sd/- SHAJI P.CHALY, JUDGE 20-01-2022 /True Copy/ Assistant Registrar WP(C) No.1976/2022 3/3 APPENDIX OF WP(C) 1976/2022 Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 31.12.2017 OF THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER DATED 02.11.2021 PASSED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 30.12.2021 ISSUED BY THE 1ST RESPONDENT