By Advs.sri.harisankar v. Menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 WP(C).No. 36682 of 2015 (I) ---------------------------- PETITIONER : ------------------ THE MANNARKKAD RURAL SERVICE CO-OP.BANK LTD., MANNARKKAD, PALAKKAD - 678582, REPRESENTED BY ITS SECRETARY, M. PURUSHOTHAMAN. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS : ----------------------- 1. THE INCOME TAX OFFICER, WARD 4, PALAKKAD - 678 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), ERNAKULAM, KOCHI - 16. ERNAKULAM, KOCHI - 16. R1 & R2 BY ADV. SRI.JOSE JOSEPH, SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp WP(C).No. 36682 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS : P1:COPY OF ASSESSMENT ORDER ISSUED BY THE R1 FOR THE YEAR 2012-13 DT 26/3/2014. DT 26/3/2014. P2:COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE R2 DT 22/4/2015. P3:COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE R2 DT 22/4/2015. DT 22/4/2015. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE bp A.K.JAYASANKARAN NAMBIAR, J. ............................................................W.P.(C).No.36682 of 2015 .............................................................Dated this the 4[th]day of December, 2015 J U D G M E N T Against Ext.P1 assessment order under the Income Tax Act,the petitioner has preferred Ext.P2 appeal and Ext.P3 stay petitionbefore the 2[nd] respondent. It is the case of the petitioner that evenprior to considering the stay petition, recovery steps are sought tobe pursued for recovery of the amounts confirmed by Ext.P1assessment orders. 2. I have heard the learned counsel for the petitioner andalso the learned Standing counsel for the respondents. 3. On a consideration of the facts and circumstances of thecase as also the submissions made across the bar, I dispose thewrit petition with the following directions: i. The 2[nd] respondent shall consider and passorders on Ext.P3 stay petition within a periodof two months from the date of receipt of acopy of this judgment, after hearing thepetitioner. ii. Recovery steps for recovery of amountsconfirmed against petitioner by Ext.P1assessment order shall be kept in abeyance till orders are passed by the 2[nd] respondent asdirected above and communicated to thepetitioner. iii. The order to be passed by the 2[nd]respondent shall be a reasoned one advertingto the contentions of the petitioner regardingexistence of a prima facie case for a stay ofrecovery pending disposal of the appeal. A.K.JAYASANKARAN NAMBIAR JUDGE