Wp(C)/13647/2019 Of Venjaramood Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 14TH DAY OF MAY 2019 / 24TH VAISAKHA, 1941 WP(C). No.13647 of 2019 PETITIONER: VENJARAMOOD SERVICE CO-OPERATIVE BANK LTD. NO.2419, REPRESENTED BY ITS SECRETARY, VENJARAMOODU P.O., THIRUVANANTHAPURAM DISTRICT - 695 607. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: 1THE INCOME TAX OFFICER, WARD-2(3) OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, 1ST FLOOR, AYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM DISTRICT - 695 003. 2THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM - 695 003. BY SMT.M.M JASMINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON14.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Challenging Ext.P4 assessment order, the petitioner haspreferred an appeal along with an application for stay of proceedingsas is evident from Exhibits P6 and P7. The grievance of the petitioneris that recovery proceedings are being initiated without consideringthe merits of the challenge that they have raised. 2.Heard the learned counsel appearing for the petitioner andthe learned Government Pleader. 3.Having considered the facts and circumstances and thesubmissions made across the bar, there shall be a direction to the 2[nd]respondent to pass orders on Ext.P7 stay petition as expeditiously aspossible, at any rate, within within a period of two months from theproduction of a copy of this judgment. Till such time, recoveryproceedings pursuant to the impugned order in the appeal shall bekept in abeyance. The Writ Petition is disposed of as above. IAP SD/- RAJA VIJAYARAGHAVAN V.,JUDGE //TRUE COPY// P.A. TO JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE CERTIFICATE DATED 26.09.2017 ISSUED BY THE JOINT REGISTRAR OFCO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM.26.09.2017 ISSUED BY THE JOINT REGISTRAR OFCO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. EXHIBIT P2A TRUE COPY OF THE JUDGMENT DATED 01.03.2018 IN WP(C) NO.6915 OF 2018.01.03.2018 IN WP(C) NO.6915 OF 2018. EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 07.08.2018 IN W.A. NO.1405/2018.07.08.2018 IN W.A. NO.1405/2018. EXHIBIT P4A TRUE COPY OF THE RECTIFICATION ORDER UNDER SECTION 154 OF THE INCOME TAX ACT ISSUED BY THE 1ST RESPONDENT DATED 08.03.2019.UNDER SECTION 154 OF THE INCOME TAX ACT ISSUED BY THE 1ST RESPONDENT DATED 08.03.2019. EXHIBIT P5A TRUE COPY OF THE NOTICE DATED 25.04.2019 ISSUED BY THE 1ST RESPONDENT.ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6A TRUE COPY OF THE ONLINE APPEAL DATED 05.05.2019 FILED AGAINST EXHIBIT P4 ORDER.05.05.2019 FILED AGAINST EXHIBIT P4 ORDER. EXHIBIT P7A TRUE COPY OF THE STAY PETITION DATED 06.05.2019 FILED IN EXHIBIT P6 APPEAL BEFORE THE 2ND RESPONDENT.06.05.2019 FILED IN EXHIBIT P6 APPEAL BEFORE THE 2ND RESPONDENT. EXHIBIT P8A TRUE COPY OF THE JUDGMENT DATED 21.02.2019 IN WP(C) NO.5070 OF 2019.21.02.2019 IN WP(C) NO.5070 OF 2019.