Wp(C)/10024/2019 Of Ponmudam Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI MONDAY, THE 01ST DAY OF APRIL 2019 / 11TH CHAITHRA, 1941WP(C).No. 10024 of 2019 PETITIONER: PONMUNDAM SERVICE CO-OPERATIVE BANK LIMITED,NO. 10820, REPRESENTED BY ITS SECRETARY, T.P BAHAVUDHEEN, AGED 55 YEARS, S/O. MUHAMMEDKUTTY, PONMUNDAM P.O, VAILATHUR, MALAPPURAM DISTRICT, PIN 676 106 BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPH RESPONDENTS: 1THE INCOME TAX OFFICER,WARD-1, TIRUR TOWN HALL ROAD, TIRUR 676 101WARD-1, TIRUR TOWN HALL ROAD, TIRUR 676 101 2THE COMMISSIONER OF INCOME TAX (APPEALS),OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE 673 001OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE 673 001 3THE ASST. COMMISSIONER OF INCOME TAX, C.R BLDG, IS PRESS ROAD,KOCHI PIN 682 018.C.R BLDG, IS PRESS ROAD,KOCHI PIN 682 018. 4THE JOINT COMMISSIONER OF INCOME TAX,OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), MANANCHIRA, KOZHIKODE 673 001.OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), MANANCHIRA, KOZHIKODE 673 001. 5THE DISTRICT CO-OPERATIVE BANK MALAPPURAMMALAPPURAM DISTRICT, 676 106.MALAPPURAM DISTRICT, 676 106. REPRESENTED BY ITS GENERAL MANAGER, MALAPPURAM POST, SC SRI. CHRISTOPHER ABRAHAM JUDGMENT Heard Sri.C.A.Jojo, the learned counsel for the petitioner and Sri.Christopher Abraham, the learned Standing Counsel for therespondents. 2. The petitioner prays for a direction to the secondrespondent to consider and dispose of Exts.P5 and P7 stay petitionsand Exts.P4 and P6 appeals expeditiously. 3. Having regard to the circumstances of the case, the writ petition is disposed of directing the second respondent to consider and dispose of Exts.P5 and P7 stay petitions as expeditiously aspossible, preferably within three months and Exts.P4 and P6 appealswithin six months from the date of receipt of a copy of thisjudgment. Recovery proceedings pursuant to the orders under appeal before the second respondent are stayed for three months fromtoday. Sd/- S.V.BHATTIJUDGE WP(C).No. 10024 of 2019 -3- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER FOR AY2015-16 DATED 22-12-2017 ISSUED BY THE FIRST RESPONDENT2015-16 DATED 22-12-2017 ISSUED BY THE FIRST RESPONDENT EXHIBIT P2TRUE COPY OF THE ASSESSMENT ORDER FOR AY2016-17 DATED 18-12-2018 ISSUED BY THE FIRST RESPONDENT2016-17 DATED 18-12-2018 ISSUED BY THE FIRST RESPONDENT EXHIBIT P3TRUE COPY OF THE DEMAND NOTICE FOR RS. 38,86,899/- DATED 18-12-2018 ISSUED BY THE FIRST RESPONDENT38,86,899/- DATED 18-12-2018 ISSUED BY THE FIRST RESPONDENT EXHIBIT P4TRUE COPY OF THE APPEAL FOR AY 2015-16 DATED 22-01-2018 FILED BEFORE THE 2ND RESPONDENTDATED 22-01-2018 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P5TRUE COPY OF THE STAY PETITION FOR AY 2015-16 DATED 20-02-2018 BEFORE THE 2ND 2015-16 DATED 20-02-2018 BEFORE THE 2ND RESPONDENT EXHIBIT P6TRUE COPY OF THE APPEAL FOR AY 2016-17 DATED 16-01-2019 FILED BEFORE THE 2ND RESPONDENTDATED 16-01-2019 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P7TRUE COPY OF THE STAY PETITION FOR AY 2016-17 DATED 22-01-2019 BEFORE THE 2ND RESPONDENT2016-17 DATED 22-01-2019 BEFORE THE 2ND RESPONDENT EXHIBIT P8TRUE COPY OF THE NOTICE OF DEMAND DATED 21-03-2019 ISSUED BY THE 1ST RESPONDENT.21-03-2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P9TRUE COPY OF THE PAYMENT RECEIPT DATED 15-3-2019 FOR AY 2015-1615-3-2019 FOR AY 2015-16 EXHIBIT P10TRUE COPY OF THE PAYMENT RECEIPT DATED 15-3-2019 FOR AY 2016-1715-3-2019 FOR AY 2016-17 EXHIBIT P11TRUE COPY OF THE NOTICE UNDER 226(3) OF THE INCOME TAX ACT DATED 28-3-2019 TO THE 5TH RESPONDENT.THE INCOME TAX ACT DATED 28-3-2019 TO THE 5TH RESPONDENT.