Metro Gold vs Income Tax Officer, Ward 1 & Tps, … on 17 April, 2026

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    Kerala High Court

    Metro Gold vs Income Tax Officer, Ward 1 & Tps, … on 17 April, 2026

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                              PRESENT
    
                        THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
    
                FRIDAY, THE 17TH DAY OF APRIL 2026 / 27TH CHAITHRA, 1948
    
                                   WP(C) NO. 15307 OF 2026
    
    
    PETITIONER/S:
                    METRO GOLD
                    (REPRESENTED BY ITS MANAGING PARTNER AHAMMAD
                    SAJID A, S/O ABDULLA, AGED 40 YEARS)
                     111/1344-A3 MAKWIN, M G ROAD, KASARAGOD,
                    KERALA, INDIA, PIN - 671121
    
    
                    BY ADVS.
                    SHRI.M.P.SHAMEEM AHAMED
                    SHRI.AHAMED IQBAL
                    SMT.SHABNAM KODALIL
                    SHRI.MOHAMMED FATHAH
                    SMT.K.REEHA KHADER
                    SHRI.SAIJESH A.
    
    
    
    
    RESPONDENT/S:
          1       INCOME TAX OFFICER, WARD 1 & TPS, KASARGOD
                  OFFICE OF INCOME TAX OFFICER, WARD 1 & TPS,
                  AAYAKAR BHAVAN, VIDYANAGAR, KASARGODE,
                  PIN - 671121
    
          2         COMMISSIONER OF INCOME TAX (APPEALS), KOCHI
                    OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS),
                    KOCHI, INCOME TAX DEPARTMENT, AAYAKAR BHAVAN,
                    ERNAKULAM, KERALA, PIN - 682018
    
    
                    BY ADVS.
                    SHRI.G.KEERTHIVAS, ADDITIONAL STANDING COUNSEL, INCOME TAX
                    DEPARTMENT
                    SHRI.HARIKUMAR G. (GOPINATHAN NAIR), ADDITIONAL STANDING COUNSEL,
                    INCOME TAX DEPARTMENT
    
    
    
    OTHER PRESENT:
                 SRI. M. RAJEEV, GP
    
    
          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.04.2026, THE
    
    COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                         2026:KER:33045
    WP(C) No.15307 of 2026
                                     2
                                 JUDGMENT
    

    The petitioner, as against Ext.P1 series of assessment

    orders for the assessment years 2018-19 and 2019-20 under

    SPONSORED

    the Income Tax Act 1961, has preferred Ext.P2 series of appeals

    along with Ext.P3 series of stay petitions before the 2nd

    respondent appellate authority. The petitioner contends that

    during the pendency of the afore, coercive proceedings were

    taken against, as evidenced by Ext.P4 notice. It is in such

    circumstances that the petitioner has filed the captioned writ

    petition.

    2. I have heard the learned counsel for the petitioner

    and the learned Standing Counsel for the revenue.

    3. This writ petition would stand disposed of, directing

    the appellate authority to consider and pass orders on the stay

    petitions filed as above, within a period of four months from

    today. Till such time as the stay petitions are disposed of,

    coercive proceedings against the petitioner pursuant to Ext.P1

    series of assessment orders and Ext.P4 notice shall be kept in

    abeyance. The appellate authority shall also be at liberty to

    dispose of the appeals, if it deems fit.

    Sd/-

    sab                                   HARISANKAR V. MENON
                                                 JUDGE
                                                      2026:KER:33045
    WP(C) No.15307 of 2026
                                      3
    

    APPENDIX OF WP(C) NO. 15307 OF 2026

    PETITIONER EXHIBITS

    Exhibit P1 COPY OF THE ASSESSMENT ORDER DATED
    10.02.2026 FOR THE AY 2018-19
    Exhibit P1(a) COPY OF THE ASSESSMENT ORDER DATED
    23.02.2026 FOR THE AY 2020-21
    Exhibit P2 COPY OF THE APPEAL FOR AY 2018-19
    ALONG WITH ACKNOWLEDGEMENT DATED
    13.03.2026
    Exhibit P2(a) COPY OF THE APPEAL IN FORM 35 FOR AY
    2020-21 ALONG WITH ACKNOWLEDGEMENT
    DATED 25.03.2026
    Exhibit P3 COPY OF THE STAY PETITION FILED FOR AY
    2018-19 ALONG WITH ACKNOWLEDGEMENT
    DATED 02.04.2026
    Exhibit P3(a) COPY OF THE STAY PETITION FILED FOR AY
    2020-21 ALONG WITH ACKNOWLEDGEMENT
    DATED 02.04.2026
    Exhibit P4 COPY OF THE NOTICE UNDER SECTION
    221(1) OF THE INCOME TAX ACT, 1961
    DATED 10.04.2026



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