Wp(C)/12481/2015 Of Kuruvambalam Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12481 of 2015 (I) ---------------------------- PETITIONER(S): -------------------------- THE KURUVAMBALAM SERVICE CO-OPERATIVE BANK LTD.,F 1638, CHEMMALASSERY P.O., MALAPPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ---------------------------- 1.THE COMMISSIONER OF INCOME TAX (APPEALS),AYAKAR BHAVAN, KOZHIKODE 673 001. 2.THE INCOME TAX OFFICER, WARD (4) TIRUR 676 101. R BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.12481/2015 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ASSESSMENT ORDER DATED 7.3.2015 ISSUED BY THE 2NDRESPONDENT. EXT.P2: COPY OF THE APPEAL DATED 30.4.2015 FILED BEFORE THE 1STRESPONDENT. EXT.P3: COPY OF THE STAY PETITION DATED 30.4.2015 FILED BEFORE THE 1STRESPONDENT. RESPONDENTS EXHIBITS:NIL. //TRUE COPY// P.S TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ------------------------------- W.P.(C).NO.12481 OF 2015 (I)----------------------------------- Dated this the 10[th] day of April, 2015 J U D G M E N T Against Ext.P1 assessment order under the Income Tax Act, thepetitioner had preferred Ext.P2 appeal and Ext.P3 stay petition beforethe 1[st] respondent. It is the case of the petitioner that, even prior toconsidering the stay petition, recovery steps are taken by therespondents for recovery of the amounts confirmed against thepetitioner by Ext.P1 assessment order. 2. I have heard the learned counsel appearing for the petitionerand also the learned Government Pleader appearing for therespondents. 3. On a consideration of the facts and circumstances of the caseas also the submissions made across the Bar, I dispose the writpetition with the following directions: 1. The 1[st] respondent shall consider and pass orders onExt.P3 stay petition within a period of two monthsfrom the date of receipt of a copy of this judgment, prp after hearing the petitioner. 2.Recovery steps for recovery of amounts confirmedagainst petitioner pursuant to Ext.P1 assessment ordershall be kept in abeyance till orders are passed by the1[st] respondent as directed above and communicated tothe petitioner. A.K.JAYASANKARAN NAMBIAR JUDGE