Kerala High Court
Unknown vs By Advs.Sri.C.P.Mohammed Nias on 6 October, 2016
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 18TH DAY OF JUNE 2018 / 28TH JYAISHTA, 1940
WP(C).No. 15679 of 2018
PETITIONER(S)
ABDUL MAJEED
AGED 48 YEARS,
S/O. MUHAMMED,
MOOSARUKANDI HOUSE
KIZHAKKOTH.P.O.
PANOOR, KODUVALLY,
KOZHIKODE,
PRESENTLY RESIDING AT HOUSE NO.MH 5,
4TH MAIN, 4TH CROSS,
BANNIMANTAP C LAYOUT, MYSORE
BY ADVS.SRI.C.P.MOHAMMED NIAS
SMT.V.NAMITHA
RESPONDENT(S):
1. JOINT COMMISSIONER OF INCOME TAX
RANGE-1,
AAYAKAR BHAVAN
KOZHIKODE- 673 001
2. INCOME TAX OFFICER
WARD 2(3)
AYAKAR BHAVAN,
KOZHIKODE- 673 001
BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15679 of 2018 (H)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RENT AGREEMENT DATED 6.10.2016
EXHIBIT P2 TRUE COPY OF THE CHITTY PRIZE MONEY PAYMENT
VOUCHER DATED 7.7.2017
EXHIBIT P3 TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE
PETITIONER'S FATHER IN LAW FROM 30.5.2017 TO
7.11.2017
EXHIBIT P4 TRUE COPY OF THE CHITTY PRIZE MONEY PAYMENT
VOUCHER DATED 11.9.2017
EXHIBIT P5 TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE
PETITIONER'S FATHER IN LAW FROM 11.9.2017 TO
6.11.2017
EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE
PASSBOOK OF KOZHIKODE DISTRICT CO-OPERATIVE
BANK, NARIKUNI
EXHIBIT P7 TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE
PETITIONER FOR THE PERIOD FROM 1.11.2016 TO 8.3.2018
WITH RESPECT TO HIS ACCOUNT AT CANARA BANK,
ELETTIL
EXHIBIT P8 TRUE COPY OF THE FIR IN CRIME NO.804/2017 DATED
2.11.2017 BEFORE THE SULTHANBATHERY POLICE
STATION
EXHIBIT P9 TRUE COPY OF THE COMMON ORDER DATED 16.12.2017
IN CMP NO 7368/2017 AND CMP 7163/2017
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 6.2.2018 OF THE
RESPONDENT
EXHIBIT P11 TRUE COPY OF THE DEMAND NOTICE DATED 6.2.2018
EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 10.4.2018 ISSUED
UNDER SECTION 221(1) OF THE INCOME TAX ACT, 1961
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY//
SD/-
PA TO JUDGE
rsr
P.B.SURESH KUMAR, J.
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W.P.(C).No.15679 of 2018
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Dated this the 18th day of June, 2018
JUDGMENT
Ext.P10 order, which is under challenge in the writ petition, is appealable under the Income Tax Act. Exceptional reasons on which this Court would entertain the writ petition even when the party has a right of appeal under the statute have not been made out by the petitioner. The writ petition, in the circumstances, is dismissed, without prejudice to the right of the petitioner to challenge the impugned order in appeal under the Income Tax Act.
Sd/-
P.B.SURESH KUMAR JUDGE rsr