Wp(C) v. Peroorkada Servicecooperative Bank Ltd. [(2022)442 Itr 141

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28 DAY OF OCTOBER 2022 / 6TH KARTHIKA, 1944 WP(C) NO. 34353 OF 2022 PETITIONER: KERALA KERA KARSHAKA SAHAKARANA FEDERATION LTD.,KERA TOWER, WATER WORKS COMPOUND VELLAYAMBALAM,THIRUVANANTHAPURAM KERALA, INDIA – 695 033,BY ITS MANAGING DIRECTOR, ASHOK R.BY ADVS.ANIL D. NAIRTELMA RAJUP.K.BIJUEDATHARA VINEETA KRISHNANANJANA A. RESPONDENTS: 1INCOME TAX OFFICER,ASSESSMENT UNIT,NEW DELHI – 110 001.2THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE, NEW DELHI, PIN – 110 001.ADV. CHRISTOPHER ABRAHAM (SC) NATIONAL FACELESS ASSESSMENT CENTRE, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON28.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner suffered Ext.P1 order of assessment forassessment year 2020-21 under the provisions of the IncomeTax Act, 1961. Aggrieved by Ext.P1 order of assessment, thepetitioner preferred Ext.P2 appeal along with Ext.P3 applicationfor stay before the 2[nd] respondent. The petitioner has filed thiswrit petition apprehending recovery proceedings pendingconsideration of the stay petition by the 2[nd] respondent. It ispointed out by the learned counsel for the petitioner that theissue raised in the appeal is squarely covered in favour of thepetitioner by the judgment of this Court in PrincipalCommissioner of Income Tax v. Peroorkada ServiceCooperative Bank Ltd. [(2022)442 ITR 141]. 2.Having heard the learned counsel for the petitionerand the learned counsel appearing for the respondentDepartment and considering the limited nature of relief soughtfor in the writ petition, this writ petition is disposed of directingthe 2[nd] respondent to consider and pass orders on Ext.P3 staypetition after affording to the petitioner an opportunity of beingheard. It is further directed that pending consideration of thestay petition by the 2[nd] respondent as above, any steps initiated WP(C) NO. 34353 OF 2022 3 for recovery of amounts due under Ext.P1 shall be kept inabeyance. The writ petition will stand disposed of as above. DK Sd/-GOPINATH P.JUDGE APPENDIX OF WP(C) 34353/2022 PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE ASSESSMENT ORDER DATED17.09.2022 FOR THE ASSESSMENT YEAR 2020-21 ISSUED BY THE 1ST RESPONDENT. Exhibit P2TRUE COPY OF THE APPEAL DATED 5.10.2022ALONG WITH ACKNOWLEDGMENT FOR FILING OFTHE SAME Exhibit P3TRUE COPY OF THE STAY PETITION FILED BYTHE PETITIONER FOR THE A.Y. 2020-21