Wp(C)/12623/2021 Of Koratty Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR THURSDAY, THE 24 DAY OF JUNE 2021 / 3RD ASHADHA, 1943 WP(C) NO. 12623 OF 2021 PETITIONER/S: KORATTY SERVICE CO-OPERATIVE BANK LIMITEDKORATTY, THRISSUR, 680 308REPRESENTED BY ITS SECRETARY, SRI. SANIL KUMAR N.GBY ADVS.K.S.HARIHARAN NAIRG.REMADEVIRAJATH R NATHHARIMA HARIHARAN RESPONDENT/S: 1INCOME TAX OFFICER, WARD 2(2), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR PIN 680 001 2THE ADDITIONAL/JOINT/DEPUTY/ASST.COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, DELHI – 110 0013COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, DELHI 220 001 SRI. JOSE JOSEPH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12623 OF 2021 2 JUDGMENT Heard both sides. 2.As against the assessment order at Ext.P1, the petitioner haspreferred an appeal at Ext.P2 with a stay petition(Ext.P3) . It is thecase of the petitioner that despite pendency of the stay petitionalongwith the appeal, the respondents are resorting to initiate recoveryof the amount determined by the assessment order at Ext.P1. 3. Learned Standing Counsel appearing for the respondentssubmits that the appellate authority can decide the appeal or atleastthe stay petition in a time bound manner and therefore, suitable ordercan be passed in that regard. 4.Considering the facts and circumstances of the instant writpetition, the same is disposed of with a direction to the 3[rd] respondentto decide the pending stay petition at Ext.P3, within a period of fourmonths from today, after hearing the petitioner. Needless to mentionthat the petitioner shall co-operate with the respondents in expeditiousdisposal of the stay petition as well as the appeal also. Till disposal of WP(C) NO. 12623 OF 2021 3 this stay petition (Ext.P3) as directed by this Court, the respondentsshall not proceed to initiate and continue recovery proceedings forrecovering the amount determined by the assessment order at Ext.P1.Learned Standing Counsel appearing for the respondents is directed tocommunicate this judgment to the concerned respondent forcompliance. Sd/- A.M.BADAR JUDGE ajt WP(C) NO. 12623 OF 2021 4 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 – COPY OF ASSESSMENT ORDER DATED 31-03-2021 ISSUED BY THE 2NDRESPONDENT FOR THE ASSESSMENT YEAR 2018-19 EXHIBIT P2 – COPY OF APPEAL MEMORANDUM DATED 29-04-2021 AGAINST EXHIBIT P1EXHIBIT P3 – COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE3RD RESPONDENT DATED 29-04-2021 IN EXHIBIT P2 APPEAL.