P.a. To Judge v. Chitambaresh, J

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 4TH DAY OF JUNE 2013/14TH JYAISHTA 1935 WP(C).No. 13989 of 2013 () --------------------------- PETITIONER(S): -------------------------- PERINTHLMANNA SERVICE CO-OPERATRIVE BANK LTD.HOSPITAL ROAD, PERINTHLMANNAMALAPPURAM DISTRICT PIN 679 322REPRESENTED BY ITS CHIEF EXECUTIVE BY ADVS.SRI.K.ANAND (SR.) SMT.LATHA KRISHNAN RESPONDENT(S): ---------------------------- 1.THE INCOME TAX OFFICERWARD 2, OFFICE OF THE ASST.COMMISSIONERWARD 2, OFFICE OF THE ASST.COMMISSIONER OF INCOME TAX, TARIFF BAZARTOWN HALL ROAD, TIRUR 676 101. 2.THE COMMISSIONER OF INCOME TAX (APPEALS)KOZHIKODE 673 020. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX BY GOVERNMENT PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-06-2013,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER(S) EXHIBITS APPENDIX EXHIBIT P1:TRUE COPY OF ASSESSMENT ORDER DATED 20.03.2013 EXHIBIT P2:TRUE COPY OF APPEAL MEMORANDUM DATED 10.04.2013. EXHIBIT P3:TRUE COPY OF STAY PETITION DATED 21.05.2013. EXHIBIT P4:TRUE COPY OF PETITION UNDER SEC. 220(6) DATED 19.04.2013. EXHIBIT P5:TRUE COPY OF ORDER DATED 01.05.2013 PASSED BY THE 1STRESPONDENT.RESPONDENT.EXHIBIT P6:TRUE COPY OF CERTIFICATE OF REGISTRATION. EXHIBIT P7:TRUE COPY OF NOTICE DATED 10.05.2013 ISSUED BY THE 1STRESPONDENT.RESPONDENT. RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J-------------------------------- WP(C) NO. 13989 OF 2013------------------------------------ Dated this the 4[th] day of June, 2013 JUDGMENT The petitioner has filed Ext.P2 appeal accompanied byExt.P3 petition for stay against Ext.P1 order of assessment. Thepetitioner is aggrieved by Ext.P7 letter issued preparatory to theinitiation of coercive proceedings for realisation of the disputedtax. 2.I direct the second respondent to consider Ext.P3petition for stay with notice to the petitioner within a period ofone month. The coercive proceedings proposed in Ext.P7 lettershall be put on hold till orders are passed on Ext.P3 petition forstay as directed above. The petitioner shall produce a copy ofthe Writ Petition with the judgment before the secondrespondent for compliance. The Writ Petition is disposed of. V. CHITAMBARESH JUDGE