Wp(C)/12704/2019 Of Kanmanam Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 26TH DAY OF APRIL 2019/6TH VAISAKHA, 1941 W.P.(C)No.12704 of 2019 PETITIONER: KANMANAM SERVICE CO-OPERATIVE BANK LIMITED NO.10585,REPRESENTED BY ITS SECRETARY, MOHAMMED BASHEER, AGED 52 YEARS, S/O.ABDUL RAHIMAN, KANMANAM, P.O.TIRUR, MALAPPURAM DISTRICT, PIN-676 551. BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPH RESPONDENTS: 1THE INCOME TAX OFFICER,WARD-1 AND TPS, TIRUR TOWN HALL ROAD, TIRUR-676 101. 2THE COMMISSIONER OF INCOME TAX (APPEALS),OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN MANANCHIRA, KOZHIKODE-673 001. 3THE DISTRICT CO-OPERATIVE BANK, MALAPPURAM,REPRESENTED BY ITS GENERAL MANAGER, MALAPPURAM POST, MALAPPURAM DISTRICT. OTHER PRESENT: S.C. : ADVOCATE CHRISTOPHER ABRAHAM - FOR (R1, R2) S.C. SRI. I.V PRAMOD - FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 26.04.2019, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: JUDGMENT The petitioner, a Co-operative Society,was served with Ext.P1 assessment order andExt.P2 demand notice. Being aggrieved, thepetitioner has preferred Ext.P3 appeal alongwith Ext.P4 stay petition. The learnedcounsel for the petitioner submits that, eventhough hearing was conducted on Ext.P4 staypetition, no orders are passed till date. Itis submitted that, pending the appeal and thestay petition, coercive steps have beeninitiated for realisation of the amountassessed as per Ext.P1. Heard the learned Standing Counsel forthe Income Tax Department. In the light of the submissions made bythe contesting parties, the writ petition isdisposed of, directing the second respondentto pass orders on Ext.P4 stay petition, if necessary by conducting further hearing. Tillsuch time, as an order is passed on Ext.P4,coercive steps pursuant to Exts.P1 and P2shall be kept in abeyance. ss Sd/- V.G.ARUNJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENTORDER DATED 23.12.2017 FOR AY2015-16 ISSUED BY THE FIRSTRESPONDENT. EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICEDATED 23.12.2017 ISSUED BY THEFIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE APEAL FOR AY2015-16 DATED 21.01.2018 FILEDBEFORE THE 2ND RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE STAY PETITIONFOR AY 2015-16 DATED 23.02.2018BEFORE THE 2ND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE DEMAND LETTERDATED 14.02.2019 ISSUED BY THE1ST RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE DEMAND LETTERDATED 21.03.2019 ISSUED BY THE1ST RESPONDENT.