Wp(C)/11895/2017 Of Nemmara Co-Operative Urban Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 4TH DAY OF APRIL 2017/14TH CHAITHRA, 1939 WP(C).No. 11895 of 2017 (j) ---------------------------- PETITIONER(S):------------- NEMMARA CO-OPERATIVE URBAN BANK LIMITED, NO 155, NEMMARA PO, PIN 678506, REPRESENTED BY ITS GENERAL MANAGER. BY ADVS.SRI.C.A.JOJO SRI.JACOB CHACKO RESPONDENT(S): -------------- 1. THE INCOME TAX OFFICER, WARD NO.5 AYAKAR BHAVAN, PALAKKAD PIN 678014. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS) THRISSUR 680001. 3. THE MANAGER, PALAKKAD DISTRICT CO-OPERATIVE BANK, NEMMARA BRANCH 678506. NEMMARA BRANCH 678506. 4. THE MANAGER, STATE BANK OF INDIA, NEMMARA BRANCH, PALAKKAD 678506. NEMMARA BRANCH, PALAKKAD 678506. 5. THE MANAGER, STATE BANK OF TRAVANCORE, NEMMARA BRANCH, PALAKKAD 678506. NEMMARA BRANCH, PALAKKAD 678506. R1,R2 BY ADV. SRI.JOSE JOSEPH, SC, R3 BY ADV. SRI.M.SASINDRAN R4 BY ADV. SRI.GEORGE THOMAS(MEVADA), SC, R5 BY ADV. SRI. JAYESH MOHAN KUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.V. WPC 11895 OF 2017:------------------ APPENDIX PETITIONERS EXHIBITS: -------------------- P1;COPY OF THE ASSESSMENT ORDER DATED 24/3/2016 ISSUED BY THE FIRST RESPONDENT.FIRST RESPONDENT. P2;COPY OF THE DEMAND NOTICE DATED 24/3/2016 ISSUED BY THE FIRST RESPONDENT.RESPONDENT. P3;COPY OF THE APPEAL DATED 25/4/2016 FILED BY THE PETITIONER AGAINST ASSESSMENT ORDER FILED BEFORE THE 2ND RESPONDENT.AGAINST ASSESSMENT ORDER FILED BEFORE THE 2ND RESPONDENT. P4;COPY OF THE STAY PETITION DATED 25/4/2016 FILED BY THE PETITIONER AGAINST THE DEMAND NOTICE FILED BEFORE THE 2ND RESPONDENT.PETITIONER AGAINST THE DEMAND NOTICE FILED BEFORE THE 2ND RESPONDENT. P5:COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 28/12/2016.28/12/2016. P6:COPY OF THE LETTER DATED 9/1/2017 SUBMITTED TO THE 1ST RESPONDENT.RESPONDENT. P7:COPY OF THE NOTICE NO AAAAT7124K/ITP/W-5/PKD/16-17 DATED 30.3.2017 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.30.3.2017 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. P8:COPY OF THE NOTICE NO AAAAT7124/ITO/W-5/PKD/16-17 DATED 30.3.2017ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT.30.3.2017ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT. P9:COPY OF THE NOTICE NO AAAAT7124K/ITO/W-5/PKD/16-17 DATED 30.3.2017 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.30.3.2017 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT. P10:COPY OF THE CORRIGENDUM ISSUED BY THE 1ST RESPONDENT DATED 25/1/2017.25/1/2017. P11:COPY OF THE JUDGMENT IN WPC NO 5729/2017 DATED 21/2/2017. RESPONDENTS EXHIBITS: NIL-------------------- /TRUE COPY/ P.A.TO JUDGE K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 11895 of 2017 J- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 04[th] day of April, 2017 J U D G M E N T Ext.P1 is the assessment order passed againstthe petitioner for the assessment year 2013-14. Against thisorder, petitioner filed Ext.P3 appeal, which is accompaniedby Exts.P4 stay petition before the 2[nd] respondent. Appealand stay petition are pending before the 2[nd] respondent. Inthe meanwhile, coercive proceedings have been initiated. Itis in this context, the writ petition has been filed. 2. In the above circumstances, it is directed that the appellate authority, the 2[nd] respondent herein, considerand dispose of Ext.P4 stay application within a period of two months from the date of receipt of a certified copy ofthis judgment and the coercive proceedings be stayed until WPC.No. 11895/2017 : 2 : such orders are passed, which order shall determine thematter thereafter. The writ petition is disposed of without any 2. In the above circumstances, it is directed that the appellate authority, the 2[nd] respondent herein, considerand dispose of Ext.P4 stay application within a period of two months from the date of receipt of a certified copy ofthis judgment and the coercive proceedings be stayed until WPC.No. 11895/2017 : 2 : such orders are passed, which order shall determine thematter thereafter. The writ petition is disposed of without any observation on merits and keeping in abeyance the recovery till such time as the directions herein arecomplied with by the appellate authority, whose ordersshall determine the further steps thereafter. jma Sd/- (K. VINOD CHANDRAN, JUDGE) //true copy// P.A to Judge