Wp(C)/13746/2019 Of Vembayam 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, 1941WP(C).No. 13746 of 2019 PETITIONER: VEMBAYAM SERVICE CO-OPERATIVE BANK LTD.NO.3121REPRESENTED BY ITS SECRETARY IN CHARGE, KONCHIRA P.O, THIRUVANANTHAPURAM - 695 615. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: SRI. CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 14.05.2019, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: JUDGMENT Challenging Exhibit-P4 order, the petitioner herein haspreferred an appeal along with an application for stay ofproceedings as is evident from Exhibits-P7 and P8. The grievance of the petitioner is that recovery proceedings arebeing initiated without considering the merits of the challengethat they had raised. 2.Heard the learned counsel appearing for thepetitioner and the learned Government Pleader. 3.Having considered the facts and circumstances andthe submissions made across the bar, there shall be a directionto the 2[nd] respondent to pass orders on Exhibit-P8 staypetition, expeditiously, at any rate, within a period of twomonths from the production of a copy of this judgment. Tillsuch time, recovery proceedings pursuant to the impugnedorder in the appeal shall be kept in abeyance. The Writ Petition is disposed of as above. SD/- RAJA VIJAYARAGHAVAN V., JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE CERTIFICATE DATED 20.11.2017, ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), NEDUMANGADU.20.11.2017, ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), NEDUMANGADU. EXHIBIT P2A TRUE COPY OF THE ORDER DATED 27.11.2017 ISSUED BY THE 2ND 27.11.2017 ISSUED BY THE 2ND RESPONDENT ON THE STAY PETITION IN ITANo.373/EF/TVM/CIT(A)/TVM/2016-17.No.373/EF/TVM/CIT(A)/TVM/2016-17. EXHIBIT P3A TRUE COPY OF THE ORDER PASSED BY THE2ND RESPONDENT DATED 18.12.2018 IN ITANo.373/EF/TVM/CIT(A)/TVM/2016-17.2ND RESPONDENT DATED 18.12.2018 IN ITANo.373/EF/TVM/CIT(A)/TVM/2016-17. EXHIBIT P4A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT ALONG WITH REVISED ORDER ISSUED BY THE 1ST RESPONDENT DATED 18.01.2019.1ST RESPONDENT ALONG WITH REVISED ORDER ISSUED BY THE 1ST RESPONDENT DATED 18.01.2019. EXHIBIT P5A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT ALONG WITH REVISED ORDER ISSUED BY THE 1ST RESPONDENT DATED 21.01.2019.1ST RESPONDENT ALONG WITH REVISED ORDER ISSUED BY THE 1ST RESPONDENT DATED 21.01.2019. EXHIBIT P6A TRUE COPY OF THE NOTICE DATED 25.04.2019 ISSUED BY THE 1ST RESPONDENT. 25.04.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P7A TRUE COPY OF THE ONLINE APPEAL DATED06.05.2019 FILED AGAINST EXT.P4 ORDER BEFORE THE 2ND RESPONDENT, WITH DELAY CONDONATION. 06.05.2019 FILED AGAINST EXT.P4 ORDER BEFORE THE 2ND RESPONDENT, WITH DELAY CONDONATION. EXHIBIT P8A TRUE COPY OF THE STAY PETITION DATED03.05.2019 FILED BEFORE THE 2ND RESPONDENT. 03.05.2019 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P9A TRUE COPY OF THE JUDGMENT DATED 21.02.2019 IN W.P.(C)NO.5070 OF 2019.21.02.2019 IN W.P.(C)NO.5070 OF 2019. RESPONDENTS' EXHIBITS:NIL TRUE COPY