Wp(C)/10742/2024 Of The Chirayinkeezhu Service Co-Operative Bank Ltd v. The Income Tax Officer, Ward-2 (5)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 15 DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 WP(C) NO. 10742 OF 2024 PETITIONER/S: THE CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK LTD. NO.1155REPRESENTED BY ITS SECRETARY-IN-CHARGE, CHIRAYINKEEZHU P.O, THIRUVANANTHAPURAM DISTRICT., PIN - 695304 BY ADVS.ARJUN RAGHAVANT.R.HARIKUMARPOOJA PANKAJ RESPONDENT/S: 1THE INCOME TAX OFFICER, WARD-2 (5)OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695003 2THE REGISTRAR, INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 & C2, 1ST FLOOR, KAKKANAD, COCHIN., PIN - 682030COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 & C2, 1ST FLOOR, KAKKANAD, COCHIN., PIN - 682030 COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 & C2, BY ADV ADV. P.G. JAYASHANKAR SRI. P G JAYA SHANKAR (SR SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner suffered Ext.P1 order of assessment for theassessment year 2017-18. The appeal filed by the petitionerbefore the first Appellate Authority was dismissed by Ext.P2order. The petitioner has now filed Ext.P3 appeal together withExt.P4 application for stay and Ext.P5 application for condonationof delay before the Income Tax Appellate Tribunal. The onlylimited relief now sought for by the petitioner is to stay recoveryof amounts found payable by the petitioner in terms of Ext.P1order of assessment as modified/confirmed by Ext.P2 order of theAppellate Authority, pending consideration of the delay petitionand stay petition, before the Income Tax Appellate Authority. 2. Heard Sri. P.G. Jaya Shankar, the learned StandingCounsel appearing for the Income Tax Department also. 3.Having heard the learned counsel appearing for thepetitioner and the learned Standing Counsel appearing for theIncome Tax Department, I am of the view that this writ petitioncan be disposed of, directing the Income Tax Appellate Tribunalto consider and pass orders on Exts.P4 stay petition and Ext.P5application for condonation of delay filed in Ext.P3 appeal, within a period of three months from the date of receipt of a certifiedcopy of this judgment, after affording an opportunity of hearing tothe petitioner. Till such time as orders are passed on Exts. P4and P5 applications, any proceedings for recovery of the amountsfound payable by the petitioner in terms of Ext.P1 assessmentorder as modified/confirmed by Ext.P2 shall be kept in abeyance.It is made clear that the Income Tax Appellate Tribunal needs topass orders on merits on Exts.P4 application for stay only if itdecides to condone the delay in filing the appeal. Sd/-GOPINATH P.JUDGE APPENDIX OF WP(C) 10742/2024 PETITIONER EXHIBITSExhibit-P1 Exhibit P2 Exhibit-P3 Exhibit-P4 Exhibit-P5 Exhibit-P6 Exhibit-P7 Exhibit-P8 A TRUE COPY OF THE ASSESSMENT ORDER FOR THEASSESSMENT YEAR 2017-2018 DATED 19-12-2019 A TRUE COPY OF THE ORDER DATED 03-03-2023ISSUED BY THE FIRST APPELLATE AUTHORITY A TRUE COPY OF THE APPEAL MEMORANDUM FILED BYTHE PETITIONER BEFORE THE 2ND RESPONDENTTRIBUNAL DATED 22-12-2023 A TRUE COPY OF THE STAY PETITION ALONG WITHAFFIDAVIT FILED IN EXT-P3 APPEAL, DATED 22-12-2023 A TRUE COPY OF THE AFFIDAVIT AND PETITION FORCONDONATION OF DELAY DATED 22-12-2023A TRUE COPY OF THE JUDGMENT DATED 24-02-2020IN WP(C) NO.5205 OF 2020 A TRUE COPY OF THE JUDGMENT DATED 19-07-2019IN W.A NO.1639 OF 2019 OF THIS HON'BLE COURTA TRUE COPY OF THE JUDGMENT DATED 11-07-2022IN WP(C) NO.22397 OF 2022 OF THIS HON'BLECOURT