Kerala High Court
Rajakumari Shopping Limited vs The Assistant Commissioner Of Income ... on 4 February, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) NO. 4387 OF 2025
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2025:KER:8730
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 4TH DAY OF FEBRUARY 2025 / 15TH MAGHA, 1946
WP(C) NO. 4387 OF 2025
PETITIONER(S):
RAJAKUMARI SHOPPING LIMITED
(N0W KNOWN AS RAJAKUMARI SHOPPING PVT LTD)
AMC 11/1556 CITY PLAZA, NH ROAD, ATTINGAL,
TRIVANDRUM REPRESENTED BY ITS MANAGING DIRECTOR,
SRI.NIZARUDEEN SHAHABUDEEN, PIN - 695 101.
BY ADVS.
ADITYA UNNIKRISHNAN
NIVEDITA A.KAMATH
BINISHA BABY
HARIKRISHNAN K.U.
ARAVIND RAJAGOPALAN MENON
ANIL D. NAIR (SR.)
RESPONDENT(S):
1 THE ASSISTANT COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE, AAYKAR BHAWAN,
1ST FLOOR, KAWDIAR P.O.,
THIRUVANANTHAPURAM, PIN - 695 003.
2 COMMISSIONER OF INCOME TAX (APPEALS)III
CENTRAL REVENUE BUILDING , I S PRESS ROAD,
COCHIN, PIN - 682 018.
SR.SC JOSE JOSEPH,
JR.SC CYRIAC TOM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4387 OF 2025
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2025:KER:8730
BECHU KURIAN THOMAS, J.
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W.P.(C) No.4387 of 2025
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Dated this the 4th day of February, 2025
JUDGMENT
Petitioner has been imposed with a penalty under Section 271AAB(1A) of the Income Tax Act, 1961, for the assessment year 2016-2017. Challenging the order of penalty, an appeal has been preferred as Ext.P5. A stay petition has also been preferred as Ext.P6. In the meantime, petitioner apprehends recovery proceedings being initiated pending the appeal and hence, the stay petition is required to be considered in a time bound manner.
2. Having heard Sri.Anil D. Nair, the learned senior counsel duly instructed by Adv.Binisha Baby, the learned counsel for the petitioner and Sri.Jose Joseph, the learned Standing Counsel for the respondent, I am of the view that this writ petition can be disposed of with a direction.
3. Since the appeal filed against the order of penalty is pending consideration and a stay petition has also been preferred, it is appropriate that the said stay petition be considered in a time bound manner.
4. Accordingly, there will be a direction to the second respondent to consider and pass appropriate orders on Ext.P6 stay petition, as expeditiously as possible, at any rate, within a period of two months WP(C) NO. 4387 OF 2025 3 2025:KER:8730 from the date of receipt of a certified copy of this judgment. Till then, coercive proceedings pursuant to Ext.P4 shall be kept in abeyance.
The writ petition is disposed of.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/04/02/2025 WP(C) NO. 4387 OF 2025 4 2025:KER:8730 APPENDIX OF WP(C) 4387/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER ALONG WITH THE NOTICE OF DEMAND AND COMPUTATION SHEET DATED 13.03.2024 PASSED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF APPLICATION REQUEST FOR GRANTING INSTALMENTS DATED 04.07.2024 BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE LAST RECTIFICATION ORDER DATED 3.12.2024 EXHIBIT P4 TRUE COPY OF ORDER UNDER SECTION 271 AAB(1A) AND NOTICE OF DEMAND, DATED 25.09.2024 EXHIBIT P5 TRUE COPY OF THE APPEAL MEMORANDUM FILED ON 21.10.2024 EXHIBIT P6 TRUE COPY OF THE STAY PETITION FILED AND PENDING BEFORE THE 2ND RESPONDENT DATED 19.10.2024 EXHIBIT P7 TRUE COPY OF THE LETTER DATED 10.12.2024 EXHIBIT P8 TRUE COPY OF THE LETTERS DATED 17.12.2024 ALONG WITH THE APPLICATION EXHIBIT P9 TRUE COPY OF THE ORDER DATED 22.01.2025