Wp(C)/13820/2019 Of Mudavanmughal Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 17TH DAY OF MAY 2019 / 27TH VAISAKHA, 1941WP(C). No.13820 of 2019 PETITIONER: MUDAVANMUGHAL SERVICE CO-OPERATIVE BANK LIMITED,NO.T 847, REPRESENTED BY ITS SECRETARY V.G.MAHILA, S/O.JAYAKUMARAN NAIR, POOJAPPURA P.O., THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695 012. BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPH RESPONDENTS: 1THE INCOME TAX OFFICER,WARD-2(1) KOWDIAR, TRIVANDRUM- 695 003. 2COMMISSIONER OF INCOME TAX (APPEALS)-1,TRIVANDRUM - 695 003. OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), BY ADV.SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Challenging Exhibit-P2 assessment order, the petitioner hereinhas preferred an appeal along with an application for stay ofproceedings as is evident from Exhibits-P4 and P5. The grievance ofthe petitioner is that recovery proceedings are being initiated withoutconsidering the merits of the challenge that they had raised. 2.Heard the learned counsel appearing for the petitioner andthe learned Standing Counsel appearing for the respondents. 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 Exhibit-P5 stay petition, expeditiously, atany rate, within a period of two months from the date of production ofa copy of this judgment. Till such time, recovery proceedings pursuantto the impugned order in the appeal shall be kept in abeyance. The Writ Petition is disposed of as above. Sd/- RAJA VIJAYARAGHAVAN V.,JUDGE IAP APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1A COPY OF THE CERTIFICATE ISSUED BY THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURM DATED 07/11/2017. EXHIBIT P2A TRUE COPY OF THE ASSESSMENT ORDER DATED 17/11/2017 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3A TRUE COPY OF THE DEMAND NOTICE DATED 17/11/2017 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P4A TRUE COPY OF THE APPEAL FOR AY 2011-12 DATED09/07/2018 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P5A TRUE COPY OF THE STAY PETITION FOR AY 2011-12 DATED 06/05/2019 BEFORE THE 1ST RESPONDENT. EXHIBIT P6A TRUE COPY OF THE DEMAND NOTICE DATED 03/05/2019 ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// Sd/- PA TO JUDGE