Wp(C)/10356/2015 Of Perinthalmanna Service Co-Operative Bank Ltd v. The Income Tax Officer

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. 10356 of 2015 (T) ---------------------------- PETITIONER(S): -------------------------- PERINTHALMANNA SERVICE CO-OPERATIVE BANK LTD., OOTY ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322, REPRESENTED BY ITS CHIEF EXECUTIVE. BY SRI.K.ANAND, SENIOR ADVOCATE. ADV. SMT.LATHA KRISHNAN. RESPONDENT(S): ---------------------------- 1. THE INCOME TAX OFFICER, WARD 4, 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. 10356 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1COPY OF THE ASSESSMENT ORDER DATED 02/03/2015 PASSED BY 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 08/03/2015. EXT.P4COPY OF THE PROCEEDINGS DATED 02/03/2015 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ................................................. W.P.(C) No.10356 of 2015 (T) ............................................... 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 2012 - 2013, 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.10356 of 2015 (T) 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