Wp(C)/13259/2017 Of M/S. Karakulam Service Co-Operative Bank v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 11TH DAY OF APRIL 2017/21ST CHAITHRA, 1939 WP(C).No. 13259 of 2017 (F) ---------------------------- PETITIONER(S):------------- M/S. KARAKULAM SERVICE CO-OPERATIVE BANK LTD.KP-1/382, KARAKULAM PONEDUMANGAD, TRIVANDRUM - 695 564REPRESENTED BY ITS SECRETARY SMT. SREELATHA S. BY ADV. SRI.T.M.SREEDHARAN (SR.) RESPONDENT(S): -------------- 1. THE INCOME TAX OFFICERWARD 2(3) THIRUVANANTHAPURAM - 695 003 2. THE COMMISSIONER OF INCOME TAX (APPEALS)2ND FLOOR, AYAKAR BHAVANKOWDIAR, THIRUVANANTHAPURAM - 695 003 R BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT R BY SRI. CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13259 of 2017 (F) ---------------------------- APPENDIX PETITIONERS EXHIBITS: P1COPY OF THE CERTIFICATE OF REGISTRATION NO.E 17/2013 DATED14.2.2013 GRANTED BY THE ASSISTANT REGISTRAR (GENERAL), NEDUMANGAD,UNDER THE KERALA CO-OPERATIVE SOCIETIES ACT P2COPY OF THE ASSESSMENT ORDER DATED 27.12.16 ALONG WITHCOMPUTATION OF INCOME AND DEMAND NOTICE PASSED BY THE 1ST RESPONDENT. P3COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT VIDEMEMORANDUM OF APPEAL DATED 17.1.2017 P4COPY OF THE STAY PETITION DATED 7.4.2017 PRAYING FOR STAY OFRECOVERY OF THE DEMAND PENDING DISPOSAL OF THE APPEAL. P5COPY OF THE NOTICE DATED 28.3.2017 ISSUED BY THE FIRSTRESPONDENT U/S 221(1) OF THE ACT. P6COPY OF THE PETITION U/S 220(6)DATED 3.4.2017 SUBMITTED BY THEPETITIONER BEFORE the 1ST RESPONDENT P7COPY OF THE JUDGMENT DATED 15.2.2016 IN ITA NO.156/2014 PASSEDBY THIS HON'BLE HIGH COURT. RESPONDENTS EXHIBITS: NIL // TRUE COPY // P.A TO JUDGE SB K. VINOD CHANDRAN, J. ===================== W.P.(C)No.13259 of 2017 - F ======================== Dated this the 11[th] day of April, 2017 JUDGMENT Ext.P2 is the assessment order passed against the petitioner. Against which, petitioner filed Ext.P3 appeal, whichis accompanied by Ext.P4 stay petition before the 2[nd]respondent. Appeal and stay petition are pending before the2[nd] respondent. In the meanwhile, coercive proceedings havebeen initiated. It is in this context, the writ petition has beenfiled. 2. In the above circumstances, it is directed that the appellate authority, the 2[nd] respondent herein, shall dispose ofExt.P4 stay application, within a period of two months fromtoday and the coercive proceedings be stayed until such W.P.(C)No.13259/2017 orders are passed, which order shall determine the matterthereafter. The writ petition is disposed of. Sd/- SB/11/04/2017 K. VINOD CHANDRAN, JUDGE // true copy // P.A to Judge