By Advs.sri.harisankar v. Menonsmt.meera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 07TH DAY OF MAY 2019 / 17TH VAISAKHA, 1941 WP(C).No. 13094 of 2019 PETITIONER/S: THE KALLADIKODE SERVICE CO-OPERATIVE BANK LTD.NO.P 7489, KALLADIKODE.P.O., PALAKKAD-678596, REPRESENTED BY ITS SECRETARY BINOY JOSEPH, AGED 43,S/O.JOSEPH.P.U BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENT/S: 1THE INCOME TAX OFFICERWARD 4, AYAKAR BHAVAN, PALAKKAD-670014. 2THE COMMISSIONER OF INCOMETAX(APPEALS), SAKTHAN NAGAR, THRISSUR-680021. OTHER PRESENT: SRI JOSE JOSEPH-STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANU SIVARAMAN, J. ----------------------------------------------- W.P(C).No. 13094 of 2019 -----------------------------------------------Dated this the 7[th] day of May, 2019 JUDGMENT Petitioner is a primary credit society which has been issued withassessment order under the Income Tax Act. Being aggrieved by theassessment order, the petitioner has preferred statutory appeal,Exhibit P2, before the 2[nd] respondent appellate authority under theIncome Tax Act. He has also preferred Exhibit P3 stay petition in theappeal. However, it is contended that demands are being raised interms of the assessment orders. 2. Having heard the learned counsel for the petitioner as well as the learned standing counsel appearing for the respondents, I am ofthe opinion that the appeal preferred by the petitioner institution isliable to be considered and disposed of on merits before proceedingwith the recovery of amounts in terms of the orders passed by theassessment authority. In the above view of the matter, there will be a direction to the2[nd] respondent appellate authority to take up consider and passappropriate orders on Exhibit P2 appeal preferred by the petitionerand to dispose of the same in accordance with law at the earliest, at WP(C).13094/19 any rate, within three months from the date of receipt of a copy ofthis judgment. Till orders are passed on the appeal, as directedabove, coercive proceedings on the basis of the original order shall bekept in abeyance. Writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE vgs7/5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2017-18 EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2017-18