Wa/1172/2016 Of Muhamma Service Co-Operative v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC &THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 16TH DAY OF JUNE 2016/26TH JYAISHTA, 1938 WA.No. 1172 of 2016 () IN WP(C).19362/2016 -------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 19362/2016 of HIGH COURT OFKERALA DATED 06-06-2016 APPELLANT(S)/PETITIONER IN WPC NO.19362/2016: ----------------------------------------------------------- MUHAMMA SERVICE CO-OPERATIVE BANK LIMITED NO.1670, MUHAMMA.P.O. BY ADVS.SRI.C.A.JOJO SRI.JACOB CHACKO SRI.MATHEWS JOSEPH RESPONDENT(S)/RESPONDENTS: -------------------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS) OFFICE OF THE COMMISSIONER OF INCOME TAX(APPEALS), 1ST FLOOR, KOTAYAM PUBLIC LIBRARY BUILDING, SASTHRI ROAD, KOTTAYAM-686 001. 2. THE INCOME TAX OFFICER WARD NO.2, DEVASWAM BUILDING, ALAPPUZHA, PIN-688 011. R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ. ------------------------------------------- ------------------------------------------ Dated this the 16[th] day of June, 2016. JUDGMENT Antony Dominic,J. Heard the learned counsel for the appellant and the learned Standing Counsel appearing for the respondents. 2. The appellant, a Co-operative Bank registered under the Kerala Co-operative Societies Act, filed Ext.P2 appeal challengingExt.P1 order of assessment passed under the Income Tax Act for theassessment year 2013-2014. Along with the appeal, they also filedan application for stay, which was rejected by Ext.P4 order.Aggrieved by the same, the writ petition was filed. The learnedsingle Judge having rejected the challenge, this appeal is filed. 3. Having heard the learned counsel for the appellant and the learned Standing Counsel, we feel that the whole controversy can begiven a quietus, if the first respondent, the appellate authority, whois seized of Ext.P2 appeal, hears and passes orders thereon.Therefore, we dispose of this appeal vacating the finding of thelearned single Judge and directing the first respondent to pass final W. A. No. 1172/2016 order on Ext.P2 appeal, as expeditiously as possible, at any ratewithin three months from the date of receipt of a copy of thisjudgment. It is ordered that until the appeal is disposed of, steps forrecovery of tax due under Ext.P1 shall be kept in abeyance, subject tothe appellant remitting an amount of `50,000/- (Rupees fiftythousand only) within four weeks from today. The appellant willproduce a copy of the judgment before the first respondent forinformation and compliance. ANTONY DOMINIC, JUDGE. DAMA SESHADRI NAIDU, JUDGE. Rv