Wp(C)/12501/2019 Of The Andoorkonam Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 24TH DAY OF APRIL 2019 / 4TH VAISAKHA,1941 WP(C).No. 12501 of 2019 PETITIONER/S: THE ANDOORKONAM SERVICE CO-OPERATIVE BANK LTD.NO.3127, REPRESENTED BY ITS SECRETARY, KEEZHAVOOR PO, THIRUVANANTHAPURAM DISTRICT, 695584 BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVANSRI.JAIBY PAUL RESPONDENT/S: 1THE INCOME TAX OFFICERWARD 2 (1), OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-2, 1ST FLOOR, AYAKARA BHAVAN, KOWDIAR PO, THIRUVANANTHAPURAM DISTRICT, 695003 COMMISSIONER OF INCOME TAX, RANGE-2, 1ST 2THE COMMISSIONER OF INCOME TAX(APPEALS), AAYAKARA BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN 695003 OTHER PRESENT: SRI.CHRISTOPHER ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkj W.P.(C). No. 12501 of 2019 JUDGMENT Aggrieved by Ext.P4 order passed by the first respondent, the petitioner submitted Ext.P5 appealbefore the 2[nd] respondent along with Ext.P6 stay petition.The learned counsel for the petitioner seeks a directionto the 2[nd] respondent to consider Ext.P5 appeal andExt.P6 stay petition. 2.Accordingly this Writ Petition is disposed ofdirecting the second respondent to entertain Ext.P5appeal and to take up Ext.P6 stay petition. Orders shallbe passed on Ext.P6 stay petition, as expeditiously aspossible and at any rate within a period of two months ofthe date of receipt of a copy of this judgment. Sd/- P.V.ASHA, JUDGE W.P.(C). No. 12501 of 2019 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 07.11.2017 ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM.07.11.2017 ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. EXHIBIT P2A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2008-2009 DATED 03.06.2016 ISSUED BY THE 1ST RESPONDENT.FOR THE YEAR 2008-2009 DATED 03.06.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3A TRUE COPY OF THE ORDER IN ITA NO.17/TVM/CIT(A),TVM/2014-15 DATED 20.11.217 OF THE 2ND RESPONDENT.NO.17/TVM/CIT(A),TVM/2014-15 DATED 20.11.217 OF THE 2ND RESPONDENT. EXHIBIT P4A TRUE COPY OF THE PROCEEDINGS F.NO.AAAAA5990N/ITO/W-2(5)/TVM/2017-18DATED 15.12.2017 OF THE 1ST RESPONDENT.F.NO.AAAAA5990N/ITO/W-2(5)/TVM/2017-18DATED 15.12.2017 OF THE 1ST RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE APPEAL FILED BEFORETHE 2ND RESPONDENT, AGAINST EXT.P4, ALONG WITH COVERING LETTER DATED 10.02.2018.THE 2ND RESPONDENT, AGAINST EXT.P4, ALONG WITH COVERING LETTER DATED 10.02.2018. EXHIBIT P6A TRUE COPY OF THE STAY PETITION FILEDIN EXT.P5, APPEAL DATED 10.02.2018.IN EXT.P5, APPEAL DATED 10.02.2018. EXHIBIT P7A TRUE COPY OF THE NOTICE FNO.AAAAA5990N/ITO/W-2(1)/TVM/2019-20 DATED 05.04.2019 ISSUED BY THE 1ST RESPONDENT.FNO.AAAAA5990N/ITO/W-2(1)/TVM/2019-20 DATED 05.04.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8A TRUE COPY OF THE JUDGMENT DATED 21.02.2019 IN WP(C)NO.5070 OF 2019.21.02.2019 IN WP(C)NO.5070 OF 2019.