Wp(C)/1611/2020 Of Karuvannur Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941 WP(C).No.1611 OF 2020(B) PETITIONER: KARUVANNUR SERVICE CO-OPERATIVE BANK LIMITEDKARUVANNUR P.O.THRISSUR-680 711,REPRESENTED BY ITS SECRETARY SRI.SUNIL KUMAR T.R. BY ADVS.SRI.K.S.HARIHARAN NAIRSMT.HARIMA HARIHARANSHRI.RAJATH R NATHSMT.G.REMADEVI RESPONDENTS: 1THE INCOME TAX OFFICERWARD 2(2), AAYAKAR BHAVAN, SAKTHAN THAMPURAM NAGAR, THRISSUR, PIN-680 001. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680 001. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON21.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. =========================== W.P(C) No.1611 of 2020 =========================== Dated this the 21[st] day of January, 2020 JUDGMENT Against Ext.P1 order, the petitioner has filed Ext.P2 appeal andExt.P3 stay petition. The petitioner's grievance is that during thependency of the stay petition, coercive recovery proceedings have beeninitiated by the assessing authority for recovery of the disputedamounts. 2.Heard Sri.K.S.Hariharan Nair, learned counsel appearing forthe petitioner and Sri.Jose Joseph, learned standing counsel appearingfor the respondents. 3.After hearing both sides and after taking note of the facts andcircumstances of the case, it is ordered in the interest of justice that the2[nd] respondent shall take up the matters in Ext.P3 stay application filedin Ext.P2 appeal and after affording reasonable opportunity of beingheard to the petitioner through their authorised representative/counsel,if any, shall pass orders on that application without much delay, preferably within a period of two months from the date of production ofa certified copy of this judgment. Until orders are thus passed on theabovesaid stay application, further coercive steps for enforcement of theimpugned Ext.P1 order will be kept in abeyance. With these observations and directions, the above Writ Petition(Civil) stands finally disposed of. Sd/-ALEXANDER THOMAS JUDGE vgd APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 25.10.2019ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2017-18 EXHIBIT P2 COPY OF APPEAL MEMORANDUM DATED 17.1.2020AGAINST EXT. P1 EXHIBIT P3 COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17.1.2020 IN EXT. P1 APPEAL