Wp(C)/15831/2016 Of Ramapuram Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 26TH DAY OF APRIL 2016/6TH VAISAKHA, 1938 WP(C).No. 15831 of 2016 (D) ---------------------------- PETITIONER:----------- RAMAPURAM SERVICE CO-OPERATIVE BANK LIMITED, RAMAPURAM P.O, MALAPPURAM DISTRICT-679 321, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S):-------------- 1.THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOZHIKODE -673 001. 2.THE INCOME TAX OFFICER, WARD (4), TIRUR - 676 101. BY SRI.K.M.V.PANDALAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ADMISSION ON 26-04-2016, THE COURT ON THE SAME mbr/ --------------------------- APPENDIX PETITIONER(S)' EXHIBITS:-----------------------P1 : COPY OF THE CERTIFICATE DATED 5.1.2015 ISSUED BY THE JOINT REGISTRAR OF CO-OP.SOCIETIES (GENERAL), MALAPPURAM. P2 : COPY OF THE ASSESSMENT ORDER DATED 23.2.2016 ISSUEDBY THE 2ND RESPONDENT FOR THE PERIOD 2008-09.BY THE 2ND RESPONDENT FOR THE PERIOD 2008-09.P3 : COPY OF THE APPEAL DATED 15.03.2016 FILED BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2008-09.THE 1ST RESPONDENT FOR THE PERIOD 2008-09.P4 : COPY OF THE STAY PETITION DATED 15.3.2016 FILED BEFORE THE 1ST RESPONDENT.BEFORE THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS:NIL ----------------------- //TRUE COPY// P.S. TO JUDGE mbr/ A.MUHAMED MUSTAQUE, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.15831 of 2016 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26[th] day of April 2016 JUDGMENT Against Ext. P2 assessment order for the assessment year2008-09, the petitioner has preferred Ext.P3 appeal and Ext.P4stay petition before the 1[st] respondent. It is the case of thepetitioner that even prior to considering the stay petition, recoverysteps are sought to be pursued for recovery of the amountsconfirmed by Ext. P2 assessment order. 2. Heard both sides. 3. In view of the above, the 1[st] respondent is directed toconsider and pass orders on Ext.P4 stay petition within a period oftwo months from the date of receipt of a copy of this judgment,after hearing the petitioner. Recovery steps for recovery ofamounts confirmed against petitioner by Ext.P2 assessment ordershall be kept in abeyance till orders are passed by the 1[st]respondent as directed above. The writ petition is disposed of as above. sm/ Sd/- A.MUHAMED MUSTAQUE JUDGE