Wp(C)/12983/2015 Of The Varkala Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 24TH DAY OF APRIL 2015/4TH VAISAKHA, 1937 WP(C).No. 12983 of 2015 (W) --------------------------------------- PETITIONER(S): ----------------------- THE VARKALA SERVICE CO-OPERATIVE BANK LIMITED, PONNUMMOODU POST, VARKALA P.O., THIRUVANANTHAPURAM-695 141, REPRESENTED BY ITS SECRETARY-IN-CHARGE SRI.GOPALAKURUP. BY SRI.T.M.SREEDHARAN, SENIOR ADVOCATE ADVS. SRI.V.P.NARAYANAN SMT.DIVYA RAVINDRAN RESPONDENT(S): ------------------------- 1. THE INCOME TAX OFFICER, WARD 2(3), KOWDIAR, THIRUVANANTHAPURAM-695 003. WARD 2(3), KOWDIAR, THIRUVANANTHAPURAM-695 003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), 2ND FLOOR, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 003. THIRUVANANTHAPURAM-695 003. 3. THE MANAGER, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LTD., VARKALA MAIN BRANCH, THIRUVANANTHAPURAM-695 141. R1 & R2 BY ADV. SRI.K.M.V. PANDALAI R3 BY ADV. SRI.T.R.HARIKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12983 of 2015 (W) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :A TRUE COPY OF THE ASSESSMENT ORDER DTD.28.3.2014 ALONG WITHCOMPUTATION OF INCOME AND DEMAND NOTICE.COMPUTATION OF INCOME AND DEMAND NOTICE. P2 : A TRUE COPY OF THE MEMORANDUM OF APPEAL DTD.15.3.2014 FILEDBEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. P2(a): A TRUE COPY OF STAY PETITION SUBMITTED BY THE PETITIONER BEFORETHE 2ND RESPONDENT.THE 2ND RESPONDENT. P3 : TRUE COPY OF NOTICE DTD.26.3.2015 ISSUED U/S. 226(3)BY THE 1ST RESPONDENT.1ST RESPONDENT. P4 : A TRUE COPY OF THE REPLY DTD.31.3.2015 VIDE NO.AAAV3016G/2-2(5)/TVM/2014-15.NO.AAAV3016G/2-2(5)/TVM/2014-15. RESPONDENT(S)' EXHIBITS: ----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE ANIL K.NARENDRAN, J -------------------------------------------------- W.P.(C)No.12983 Of 2015 -------------------------------------------------- DATED THIS THE 24[th] DAY OF APRIL, 2015 JUDGMENT The petitioner is an assessee, who had been issued with Ext.P1 order of assessment of the 1[st] respondent for the assessmentyear 2008-09. Aggrieved by the same, the petitioner filed Ext.P2appeal before the 2[nd] respondent along with Ext.P2(a) stay petition.Now the grievance of the petitioner is that during the pendency ofthe appeal and stay petition coercive steps are being initiatedagainst the petitioner as evidenced by Ext.P3. The petitioner hasalso moved an application under Section 220(6) of the Income-taxAct before the 1[st] respondent, which was disposed of by Ext.P4,without granting an order of stay and by permitting the petitioner toremit the entire amount in six monthly instalments. 2.I heard arguments of the learned counsel for thepetitioner and also the learned Standing Counsel for respondents 1and 2. Considering the fact that Ext.P2(a) stay petition filed by thepetitioner is pending consideration before the 2[nd] respondent, who is W.P.(C).No.12983/15 the appellate authority, I deem it appropriate to dispose of thiswrit petition directing the 2[nd] respondent to consider and passappropriate orders on Ext.P2(a) stay petition, as expeditiously aspossible, at any rate within a period of one month from the dateof receipt of a certified copy of this judgment. Till such time allrecovery proceedings pursuant to Ext.P3 demand notice shall bekept in abeyance, so also the operation of Ext.P4 order. dsn Sd/-ANIL K.NARENDRAN, JUDGE