Wp(C)/12894/2021 Of Karuvannur 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 TUESDAY, THE 29 DAY OF JUNE 2021 / 8TH ASHADHA, 1943 WP(C) NO. 12894 OF 2021 PETITIONER/S: KARUVANNUR SERVICE CO-OPERATIVE BANK LIMITEDKARUVANNUR PO, THRISSUR – 680 711, REPRESENTED BY ITS SECRETARY-IN-CHARGE SMT. E.S SREEKALA BY ADVS.K.S.HARIHARAN NAIRHARIMA HARIHARANRAJATH R NATH RESPONDENT/S: 1INCOME TAX OFFICER, WARD 2(2), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR PIN 680 0012THE 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,SC,INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT According to the learned counsel appearing for the petitioner, as against the assessment order at Ext.P1, issued by the 2[nd] respondent,the petitioner has preferred a statutory appeal at Ext.P2 with a staypetition(Ext.P3), which are pending for consideration before the 3[rd]respondent. It is the case of the petitioner that despite pendency of thestay petition alongwith the appeal, the respondents are resorting toinitiate recovery of the amount determined by the assessment order atExt.P1. 2. Learned Standing Counsel appearing for the respondentsopposed the petition and sought to justify the action of therespondents. 3. Considering the fact that the statutory appeal alongwith stay petition challenging the assessment order is pending before the 3[rd]respondent, the writ petition is disposed of as follows:- The 3[rd] respondent is directed to decide the pending stay application at Ext.P3 filed in the statutory appeal (Ext.P2) challengingthe assessment order at Ext.P1, within a period of two months from thedate of communication of this order. Till disposal of this stay petition, WP(C) NO. 12894 OF 2021 3 the respondents shall defer the recovery proceedings, if any, initiatedfor recovery, in pursuant to the assessment order at Ext.P1. Parties to act on the authenticated copy of this judgment. ajt Sd/- A.M.BADAR JUDGE WP(C) NO. 12894 OF 2021 4 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 – COPY OF ASSESSMENT ORDER DATED 15-04-2021 ISSUED BY THE2ND RESPONDENT FOR THE ASSESSMENT YEAR 2018-19 EXHIBIT P2 – COPY OF APPEAL MEMORANDUM DATED 30-04-2021 AGAINSTEXHIBIT P1 EXHIBIT P3 – COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORETHE 3RD RESPONDENT DATED 30-04-2021 IN EXHIBIT P2 APPEAL