Wp(C)/10339/2015 Of Manjeri Co-Operative Urban Bank Ltd v. Assistant Commissioner Of Income Tax, Circle-I, Tirur

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. 10339 of 2015 (N) ---------------------------- PETITIONER(S): -------------------------- MANJERI CO-OPERATIVE URBAN BANK LIMITED, COURT ROAD, MANJERI. MALAPPURAM DISTRICT-676 121, REPRESENTED BY ITS GENERAL MANAGER IN CHARGE. 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. TIRUR-676 101. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), KOZHIKODE-673 001. 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. 10339 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1COPY OF THE ASSESSMENT ORDER DATED 31/12/2014 PASSED BY THE 1ST RESPONDENT.THE 1ST RESPONDENT. EXT.P2COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 02/02/2015.2ND RESPONDENT DATED 02/02/2015. EXT.P3COPY OF THE STAY PETITION DATED 02/02/2015. EXT.P4COPY OF THE PROCEEDINGS DATED 31/12/2014 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.10339 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 case andthe submissions made across the Bar, I dispose the writ petitionwith a direction to the 2[nd] respondent to consider and pass orderson Ext.P3 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 2[nd] respondent to consider and pass orderson Ext.P3 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. W.P.(C) No.10339 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