Elamgulam Service Co-Operative Bank Limited v. J. Joseph

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 3RD DAY OF JULY 2012/12TH ASHADHA 1934 WP(C).No. 15350 of 2012 (P) ------------------------------------------ PETITIONER(S): ------------------------ ELAMGULAM SERVICE CO-OPERATIVE BANK LIMITED NO 3576,KKOORALI P.O.,ELAMGULAM, KOTTAYAM-686 552, REPRESENTED BY SECRETARY, V. J. JOSEPH. BY ADVS.SRI.ANIL D. NAIR SRI.J.R.PREM NAVAZ SMT.NIVEDITA A.KAMATH RESPONDENT(S): ---------------------------- 1. THE INCOME TAX OFFICER, WARD NO 1, KOTTAYAM - 686 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), ERNAKULAM- 682 018. R1 & R2 BY SR.GOVERNMENT PLEADER SMT. P.A.REZIYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15350/2012 P APPENDIX PETITIONER'S EXHIBITS: P1:-TRUE COPY OF THE ASSESSMENT ORDER DTD 15/12/2011 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT FOR THE YEAR 2007-08.PETITIONER BY THE FIRST RESPONDENT FOR THE YEAR 2007-08. P2:-TRUE COPY OF THE APPEAL FILED BY THE PETITIOENR BEFORE THE 2ND RESPONDENT FOR THE YEAR 2007-08.RESPONDENT FOR THE YEAR 2007-08. P3:-TRUE COPY THE STAY PETITION FOR THE YEAR 2007-08 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. PETITIONER BEFORE THE 2ND RESPONDENT. P4:-TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DTD 20/6/2012 ISSUED TO THE PETITIONER.DTD 20/6/2012 ISSUED TO THE PETITIONER. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE P.R. RAMACHANDRA MENON, J. --------------------------------------- W.P.(C). No.15350 of 2012 ---------------------------------------- Dated this the 3[rd] day of July, 2012 JUDGMENT Being aggrieved of Ext.P1 Income Tax assessment orderpassed by the first respondent, the petitioner has preferredExt.P2 appeal, along with Ext.P3 petition for stay, which arepending consideration. The grievance of the petitioner is that,without any regard to the pendency of the above proceedings,the respondents are proceeding with coercive steps, as borne byExt.P4, which hence is sought to be intercepted by this Court. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the secondrespondent is directed to pass appropriate orders on Ext.P3petition for stay, in accordance with law, as expeditiously aspossible, at any rate, within 'one month' from the date of receiptof a copy of this judgment. Coercive proceedings pursuant toExts.P4 shall be kept in abeyance till such time. The petitioner shall produce a copy of this judgment along -2- with a copy of this writ petition before the second respondent for further steps. The writ petition is disposed of as above. Kp/- P.R. RAMACHANDRA MENON, JUDGE.