Wp(C)/10419/2019 Of Melkadakkavur Ksheera Vyavasaya Sahakarana Sangham v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI WEDNESDAY,THE 03RD DAY OF APRIL 2019 / 13TH CHAITHRA, 1941 WP(C).No. 10419 of 2019 PETITIONER/S: MELKADAKKAVUR KSHEERA VYAVASAYA SAHAKARANA SANGHAMSANGHAM LTD NO.T 17(D), REPRESENTED BY ITS SECRETARY, KADAKKAVOOR.P.O, THIRUVANANTHAPURAM DISTRICT -PIN-695306. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENT/S: OTHER PRESENT: SC SRI. CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- J U D G M E N T Heard Sri Arjun Raghavan, the petitioner's counsel and SriChristopher Abraham, the learned Standing Counsel for the respondents. 2.The petitioner prays for a direction to the second respondentto consider and dispose of Exts.P9 and P10 stay petitions in ITA 105/TVM/ CIT(A)TVM/ 15-16 and ITA 106/ TVM/ CIT(A)TVM /15-16expeditiously. 3.Having regard to the circumstances of the case the writ petition is disposed of directing the second respondent to consider anddispose of Exts.P9 and P10 stay petitions as expeditiously as possible,preferably within eight weeks from the date of receipt of a copy of thisjudgment. There shall be stay of recovery of the tax demanded for theAssessment Years 2011-12 and 2013-14 for eight weeks from today. Sd/- S.V.BHATTI JUDGE jjj W.P.(C) No. 10419/2019 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE CERTIFICATE DATED 26/04/2018 ISSUED BY THE DEPUTY DIRECTOR OF DIARY DEPARTMENT, THIRUVANANTHAPURAM.ISSUED BY THE DEPUTY DIRECTOR OF DIARY DEPARTMENT, THIRUVANANTHAPURAM. EXHIBIT P2A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2011-2012 DATED 25/09/2015YEAR 2011-2012 DATED 25/09/2015 EXHIBIT P3A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 25/09/2015.RESPONDENT DATED 25/09/2015. EXHIBIT P4A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2013-2014 DATED 25/09/2015.YEAR 2013-2014 DATED 25/09/2015. EXHIBIT P5A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 25/09/2015.RESPONDENT DATED 25/09/2015. EXHIBIT P6A TRUE COPY OF THE WRITTEN SUBMISSION DATED 05/05/2018 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN ITA APPEAL FILED AGAINST EXT.P2 ASSESSMENT ORDER.05/05/2018 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN ITA APPEAL FILED AGAINST EXT.P2 ASSESSMENT ORDER. EXHIBIT P7A TRUE COPY OF THE WRITTEN SUBMISSION DATED 05/05/2018 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN ITA APPEAL FILED AGAINST EXT.P4 ASSESSMENT ORDER.05/05/2018 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN ITA APPEAL FILED AGAINST EXT.P4 ASSESSMENT ORDER. EXHIBIT P8A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED 07/03/2019.1ST RESPONDENT DATED 07/03/2019. EXHIBIT P9A TRUE COPY OF THE STAY PETITION DATED 23/03/2019FILED IN ITA 105/TVM/CIT(A)TVM/15-16FILED IN ITA 105/TVM/CIT(A)TVM/15-16 EXHIBIT P10A TRUE COPY OF THE STAY PETITION DATED 23/03/2019FILED IN 106/TVM/CIT(A)TVCM/15-16.FILED IN 106/TVM/CIT(A)TVCM/15-16. W.P.(C) No. 10419/2019 EXHIBIT P11A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12 DATED 27/03/2019 EXHIBIT P12A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 27/03/2019 EXHIBIT P13A TRUE COPY OF THE JUDGMENT DATED 15/03/2019 IN WP(C)NO.7966/2019