Wp(C)/10053/2015 Of Vilappil Service Co-Operative Bank v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 WP(C).No. 10053 of 2015 (F) ---------------------------- PETITIONER: ------------------- VILAPPIL SERVICE CO-OPERATIVE BANK LTD.NO.2522, HEAD OFFICE, PEYAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY ANIL KUMAR.M, S/O.MADANAPPAN NAIR. BY ADVS.SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S): -------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM - 695 001. (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM - 695 001. 2. THE INCOME TAX OFFICER, WARD - 2(4), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX RNGE 2, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM - 695 003. OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX RNGE 2, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM - 695 003. 3. THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, EAST FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL MANAGER - 695 001. CO-OPERATIVE BANK LTD., HEAD OFFICE, EAST FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL MANAGER - 695 001. R1 & R2 BY SRI.K.M.V.PANDALAI, CG R3 BY SRI.T.R.HARIKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/ WP(C).No. 10053 of 2015 (F) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS: ------------------------------------ EXHIBIT P1 :TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 27.3.2014.2ND RESPONDENT TO THE PETITIONER DATED 27.3.2014. EXHIBIT P2 :TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE PETITIONER BYTHE 2ND RESPONDENT DATED 27.3.2014.THE 2ND RESPONDENT DATED 27.3.2014. EXHIBIT P3 :TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28.4.2014.PETITIONER BEFORE THE 1ST RESPONDENT DATED 28.4.2014. EXHIBIT P4 :TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.10.2014.BEFORE THE 1ST RESPONDENT DATED 30.10.2014. EXHIBIT P5 :TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE BRANCH MANAGER OF THE PUTHANCHIRA BRANCH OF THE 3RD RESPONDENT BANK DATED 24.3.2015.THE BRANCH MANAGER OF THE PUTHANCHIRA BRANCH OF THE 3RD RESPONDENT BANK DATED 24.3.2015. RESPONDENT'S EXHIBITS: -------------------------------------- -NIL /TRUE COPY/ P.A. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ................................................. W.P.(C) No. 10053 of 2015 (F) ............................................... Dated this the 27[th] day of March, 2015 JUDGMENT Against Ext.P1 assessment order passed under the Income TaxAct, 1961, petitioner preferred Ext.P3 appeal and Ext.P4 staypetition before the 1[st] respondent. It is the case of the petitionerthat even before a consideration of the stay petition by the 2[nd]respondent, recovery steps are sought to be pursued for recoveryof the amounts confirmed by Ext.P1 assessment order. 2. I have heard Sri.Babu S.Nair, learned counsel appearing forpetitioner and Smt.Sobha Annamma Eappen, learnedGovernment Pleader for the respondents. petitioner and Smt.Sobha Annamma Eappen, learnedGovernment Pleader for the respondents. W.P.(C) No. 10053 of 2015 (F) ............................................... Dated this the 27[th] day of March, 2015 JUDGMENT Against Ext.P1 assessment order passed under the Income TaxAct, 1961, petitioner preferred Ext.P3 appeal and Ext.P4 staypetition before the 1[st] respondent. It is the case of the petitionerthat even before a consideration of the stay petition by the 2[nd]respondent, recovery steps are sought to be pursued for recoveryof the amounts confirmed by Ext.P1 assessment order. 2. I have heard Sri.Babu S.Nair, learned counsel appearing forpetitioner and Smt.Sobha Annamma Eappen, learnedGovernment Pleader for the respondents. petitioner and Smt.Sobha Annamma Eappen, learnedGovernment Pleader for the respondents. 3. On a consideration of the facts and circumstances of the case andthe submissions made across the Bar, I dispose the writ petitionwith a direction to the 1[st] respondent to consider and pass orderson Ext.P4 stay petition, preferred by the petitioner before him,within a period of two months from the date of receipt of a copyof this judgment, after hearing the petitioner. The order to bepassed by the 2[nd] respondent shall contain reasons for thedecision arrived at by him. the submissions made across the Bar, I dispose the writ petitionwith a direction to the 1[st] respondent to consider and pass orderson Ext.P4 stay petition, preferred by the petitioner before him,within a period of two months from the date of receipt of a copyof this judgment, after hearing the petitioner. The order to bepassed by the 2[nd] respondent shall contain reasons for thedecision arrived at by him. Coercive steps for recovery of the amounts confirmed against the petitioner by Ext.P1 assessment order including garnisheeorders in the nature of Ext.P5, shall be kept in abeyance till suchtime as the 1[st]respondent passes orders, as directed above, andcommunicates the same to the petitioner. AMV/28/03/ Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE