Kerala High Court
Selja Aji vs The Joint Commissioner Of Income Tax on 17 March, 2015
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 18TH DAY OF JULY 2017/27TH ASHADHA, 1939
WP(C).No. 23618 of 2017 (B)
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PETITIONER(S) :
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SELJA AJI,
W/O. PADAYATTIL PAULSON, CROSSWIN DRUGS,
VAZHAPPILLY HOUSE, MALA ROAD,
ALOOR P.O., THRISSUR DISTRICT.
BY ADVS. SRI.HARISANKAR V. MENON
SMT.MEERA V.MENON
RESPONDENT(S) :
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1. THE JOINT COMMISSIONER OF INCOME TAX,
RANGE - 2, AYAKAR BHAVAN,
SAKTHAN THAMPURAN NAGAR,
THRISSUR - 680 001.
2. PRINCIPAL COMMISSIONER OF INCOME TAX,
RANGE - 2, AYAKAR BHAVAN,
SAKTHAN THAMPURAN NAGAR,
THRISSUR - 680 001.
BY ADV. SRI.JOSE JOSEPH, S.C
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18-07-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 23618 of 2017 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR
THE YEAR 2011-12 DATED 17.3.2015.
EXHIBIT P2 COPY OF SCHEME INTRODUCED BY THE GOVERNMENT OF INDIA.
EXHIBIT P3 COPY OF DECLARATION IN FORM NO.1 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT DATED 01.8.2016.
EXHIBIT P4 COPY OF COMMUNICATION ISSUED BY THE 2ND RESPONDENT
DATED 25.8.2016.
EXHIBIT P5 COPY OF JUDGMENT IN W.P(C).NO. 6417/2017 OF THIS HON'BLE
COURT DATED 26.5.2017.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.K.JAYASANKARAN NAMBIAR, J.
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W.P. (C) No.23618 of 2017
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Dated this the 18th day of July, 2017
J U D G M E N T
The issue involved in this writ petition is squarely covered in favour of the petitioner by Ext.P5 judgment of this Court in W.P.(C) No.6417/2017. Accordingly, this writ petition is allowed by quashing Ext.P4 and directing the 2nd respondent to process Ext.P3 declaration, and consider the application of the petitioner in accordance with Ext.P2, and in the light of Ext.P5 judgment of this Court. The 2nd respondent shall pass orders after processing the declaration, within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE smp