Wp(C)/10338/2015 Of Perinthalmanna Co-Operative Urban Bank Ltd v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10338 of 2015 (N) ---------------------------- PETITIONER(S): -------------------------- PERINTHALMANNA CO-OPERATIVE URBAN BANK LIMITED, P.B. NO.10, PATTAMBI ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322, REPRESENTED BY ITS GENERAL MANAGER. BY SRI.K.ANAND, SENIOR ADVOCATE. ADV. SMT.LATHA KRISHNAN. RESPONDENT(S): ---------------------------- 1. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, TARIFF BAZAR, TOWN HALL ROAD, TIRUR-676 101. CIRCLE 1, TARIFF BAZAR, TOWN HALL ROAD, TIRUR-676 101. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), KOZHIKODE. KOZHIKODE. BY ADV. SRI.K.M.V.PANDALAI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 10338 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1COPY OF THE ASSESSMENT ORDER DATED 25/02/2015 PASSED BY THE 1ST RESPONDENT.THE 1ST RESPONDENT. EXT.P2COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 09/03/2015.2ND RESPONDENT DATED 09/03/2015. EXT.P3COPY OF THE STAY PETITION DATED 09/03/2015. EXT.P4COPY OF THE PROCEEDINGS DATED 25/02/2015 OF THE 1ST RESPONDENT.1ST RESPONDENT. RESPONDENT'S EXHIBITS:-NIL. //TRUE COPY// P.A. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ................................................. W.P.(C) No.10338 of 2015 (N) ............................................... Dated this the 31[st] day of March, 2015 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act,1961, for the assessment year 2007 - 2008, the petitionerpreferred Ext.P2 appeal along with Ext.P3 stay petition beforethe 2[nd] respondent. It is the case of the petitioner that evenbefore the consideration of the stay petition by the 2[nd]respondent, recovery steps have been initiated against himthrough Ext.P4 demand notice, for recovery of the amountsconfirmed in the assessment order. 2. I have heard Sri.K.Anand, the learned counsel appearing forpetitioner and Sri.K.M.V.Pandalai, the learned standing counselfor the respondents. petitioner and Sri.K.M.V.Pandalai, the learned standing counselfor the respondents. 3. On a consideration of the facts and circumstances of the caseand the submissions made across the Bar, I dispose the writpetition with a direction to the 2[nd] respondent to consider andpass orders on Ext.P3 stay petition, preferred by the petitionerbefore him, within a period of two months from the date ofreceipt of a copy of this judgment, after hearing the petitioner.The order to be passed by the 2[nd] respondent shall containreasons for the decision arrived at by him. and the submissions made across the Bar, I dispose the writpetition with a direction to the 2[nd] respondent to consider andpass orders on Ext.P3 stay petition, preferred by the petitionerbefore him, within a period of two months from the date ofreceipt of a copy of this judgment, after hearing the petitioner.The order to be passed by the 2[nd] respondent shall containreasons for the decision arrived at by him. W.P.(C) No.10338 of 2015 (N) Recovery steps initiated through Ext.P4 demand notice shall bekept in abeyance till such time as the 2[nd] respondent passesorders, as directed, in Ext.P3 stay petition, and communicatesthe same to the petitioner. AMV/01/04/ Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE