By Advs.sri.harisankar v. Menon, Smt.meera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 15TH DAY OF JUNE 2017/25TH JYAISHTA, 1939 WP(C).No. 6942 of 2017 (P) --------------------------- PETITIONER(S):----------------------- M/S. SANTHIGRAM SERVICE CO-OPERATIVE BANK LTD. NO.K-280, ERATTAYAR. P.O.,KATTAPPANA, IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY,K.P. RAJASEKHARA PILLAI. BY ADVS.SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON. RESPONDENT(S): ------------------------- BY SRI.K.M.V.PANDALAI, SC. rs. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6942 of 2017 (P) APPENDIX PETITIONER'S EXHIBITS:- P1 COPY OF JUDGMENT IN ITA NO.212/2013 OF THIS HON'BLE COURT DATED 15/02/2016. P2 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT DATED 19/12/2016. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs. A.K.JAYASANKARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6942 of 2017 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15[th] day of June, 2017 JUDGMENT The petitioner has approached this Court aggrieved by Ext.P2order of assessment, passed against him by the 1[st] respondent. Inote that, when the writ petition came up for admission, this Courthad granted an interim stay against the assessment order for aperiod of two weeks from the date of the order, and the said interimstay has been extended from time to time, and continues to be inforce even today. The learned counsel for the petitioner submitsthat the petitioner is prepared to prefer an appeal before theappellate authority, so long as the stay already granted by thisCourt continues to be in force till such time as the appellateauthority disposes the appeal. 2. I have heard the learned counsel for the petitioner and thelearned Standing Counsel for the respondents. 3. On a consideration of the facts and circumstances of thecase and the submissions made across the bar, I dispose the writpetition with the following directions: 1. If the petitioner files an appeal against Ext.P2 assessment order within aperiod of two weeks from the date ofreceipt of a copy of this judgment, thenthe appellate authority under the IncomeTax Act, shall consider the appeal andpass orders thereon, in accordance withlaw. 2. The interim stay against recovery ofthe amounts confirmed against thepetitioner by Ext.P2 assessment ordershall continue to be in force, till such timeas orders are passed by the appellateauthority in the appeal to be filed by thepetitioner. 3. The petitioner shall produce a copy ofthe writ petition along with a copy of thisjudgment, before the respondents, forfurther action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE