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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 4TH DAY OF APRIL 2017/14TH CHAITHRA, 1939 WP(C).No. 11694 of 2017 (J) ---------------------------- PETITIONER(S):------------- M/S. KODAKARA FARMERS SERVICECO-OPERATIVE BANK LTD.,KODAKARA,THRISSUR-680684,REPRESENTED BY V.D. BIJU,MANAGING DIRECTOR IN CHARGE. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT(S):-------------- 1 THE INCOME TAX OFFICER,WARD 2(5), THRISSUR-2,AAYAKAR BHAVAN,SAKTHAN NAGAR,THRISSUR-680001.2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN,THRISSUR-680001. BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FORTHE YEAR 2009-10 DATED 06.12.2016THE YEAR 2009-10 DATED 06.12.2016 P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.01.2017RESPONDENT DATED 31.01.2017 P3COPY OF DELAY PETITION FILED BY THE PETITIONER BEFORE THE2ND RESPONDENT DATED 31.01.20172ND RESPONDENT DATED 31.01.2017 P4COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.01.20172ND RESPONDENT DATED 31.01.2017 P5COPY OF LETTER ISSUED BY THE 1ST RESPONDENT DATED 27.03.201727.03.2017 RESPONDENT(S)' EXHIBITS ----------------------- NIL TRUE COPY EL P.S. TO JUDGE K. VINOD CHANDRAN, J. ===================== W.P.(C)No.11694 of 2017 - J ========================Dated this the 04[th] day of April, 2017 J U D G M E N T Ext.P1 is the assessment order passed against the petitioner for the assessment year 2009-10. Against whichorder, petitioner filed Ext.P2 appeal, which is accompanied byExt.P4 stay petition and also Ext.P3 application to condonedelay in filing appeal, before the 2[nd] respondent Tribunal.Appeal and stay petition are pending before the 2[nd]respondent. In the meanwhile, coercive proceedings havebeen initiated. It is in this context, the writ petition has beenfiled. 2. In the above circumstances, it is directed that the appellate authority, the 2[nd] respondent herein, shall considerand dispose of Ext.P4 stay application together with Ext.P3delay condonation application, within a period of two months W.P.(C)No.11694/2017 from the date of receipt of a certified coy of this judgment and the coercive proceedings be stayed until such orders arepassed, which order shall determine the matter thereafter. The writ petition is disposed of. SB/04/04/2017 Sd/- K. VINOD CHANDRAN, JUDGE // true copy // P.A to Judge