Allowed

Finsree Sales and Services Limited v. Income Tax Officer

Kerala HC24 Sept 2020WP(C)/19821/2020

Case brief

AI extract

What is this about?

This writ petition sought a direction to the respondents to expeditiously dispose of applications for condoning delay in filing income tax returns filed under Section 119(2) of the Income Tax Act. The Court directed the Commissioner of Income Tax to decide the applications within four weeks after hearing the petitioner.

What did the court decide?

Direction to the 2nd Respondent to consider and pass orders on petitions P3 to P5 within four weeks after hearing the petitioner.

Finsree Sales and Services Limited Vs Income Tax Officer — Income Tax | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942 WP(C).No.19821 OF 2020(C)

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PETITIONER/S:

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FINSERE SALES AND SERVICES LIMITED 1ST FLOOR, SAGARASREE COMPLEX OPP. ASOKA THEATRE, SOUTH NADA KODUNGALLUR, THRISSUR-680 664 REPRESENTED BY ITS MANAGING DIRECTOR MR. K.P BINU

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BY ADVS. SRI.ANIL D. NAIR SREEJITH R NAIR TELMA RAJU SRI HARINI S.P

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RESPONDENT/S:

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1 INCOME TAX OFFICER, WARD-1(1) THRISSUR- 680 001 2 THE COMMISSIONER OF INCOME TAX. AAYAKAR BHAVAN, RANGE-1 S.T NAGAR, THRISSUR- 680 001

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OTHER PRESENT:

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GP DR. THUSHARA JAMES

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.19821 OF 2020(C)

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JUDGMENT

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The petitioner has preferred Exts.P3 to P5 applications before the 2nd respondent under Section 119(2) of the Income Tax Act for condoning a delay in the filing of returns. The limited prayer at this stage is for a direction to the 2nd respondent to consider and pass orders on the same expeditiously, after hearing the petitioner.

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Heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Exts.P3 to P5 applications preferred by the petitioner within an outer limit of four weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of the judgment before the 2nd respondent for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

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JUDGE

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WP(C).No.19821 OF 2020(C)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ACKNOWLEDGEMENT OF FILING RETURNS FOR THE ASSESSMENT YEAR 2010-11
EXHIBIT P2	TRUE COPY OF THE ACKNOWLEDGEMENT OF FILING RETURNS FOR THE ASSESSMENT YEAR 2011-12
EXHIBIT P3	TRUE COPY OF APPLICATION DATED 1.02.2016 FILED BEFORE THE 2ND RESPONDENT
EXHIBIT P4	TRUE COPY OF THE SEPARATE APPLICATION DATED 22.12.2017 FILED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE A.Y.2010-11
EXHIBIT P5	TRUE COPY OF SEPARATE APPLICATION DATED 22.12.2017 FILED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE A.Y2011-12
EXHIBIT P6	TRUE COPY OF REMINDER DATED 13.03.2018 FILED BEFORE THE 1ST RESPONDENT
EXHIBIT P7	TRUE COPY OF REMINDER DATED 13.03.2018 FILED BEFORE THE 1ST RESPONDENT
EXHIBIT P8	TRUE COPY OF LETTER DATED 9.07.2018 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P9	TRUE COPY OF POSTING NOTICE DATED 15.10.2018 ISSUED BY THE 2ND RESPONDENT.

Finsree Sales and Services Limited v. Income Tax Officer

Case brief

What is this about?

What did the court decide?

Finsree Sales and Services Limited v. Income Tax Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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