Wp(C)/16456/2016 Of Valavoor Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 29TH DAY OF APRIL 2016/9TH VAISAKHA, 1938 WP(C).No. 16456 of 2016 (F) ---------------------------------------- PETITIONER(S): ---------------------- VALAVOOR SERVICE CO-OPERATIVE BANK LTD.NO.K 91, VALAVOOR P.O., KOTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.SUNIL CYRIAC SMT.DONA AUGUSTINE RESPONDENTS:-: ----------------------- 1. THE INCOME TAX OFFICER, WARD 5, OFFICE OF THE ADDITIONALCOMMISSIONER OF INCOME TAX, KOTTAYAM RANGE, KOTTAYAM-686001. KOTTAYAM RANGE, KOTTAYAM-686001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) KOTTAYAM-686001. BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE COPY OF THE ASSESSMENT ORDER DATED 23.03.2015 FOR THE A.Y 2012-13 ISSUED BY 1ST RESPONDENT TO THE PETITIONER.A.Y 2012-13 ISSUED BY 1ST RESPONDENT TO THE PETITIONER. P2:TRUE COPY OF THE NOTICE OF DEMAND DATED 23.03.2015 ISSUED BYTHE 1ST RESPONDENT TO THE PETITIONER.THE 1ST RESPONDENT TO THE PETITIONER. P3:TRUE COPY OF THE APPEAL DATED 27.04.2015 FILED BY THE PETITIONERBEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. P4:TRUE COPY OF THE STAY PETITION DATED 13.05.2015 FILED BY THEPETITIONER BEFORE THE 2ND RESPONDENT.PETITIONER BEFORE THE 2ND RESPONDENT. P5:TRUE COPY OF THE ORDER DATED 30.07.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.2ND RESPONDENT TO THE PETITIONER. P6:TRUE COPY OF THE JUDGMENT DATED 17.08.2015 IN WP(C)NO.24911/2015OF THIS HON'BLE COURT.OF THIS HON'BLE COURT. P7:TRUE COPY OF ORDER DATED 21.01.2016 ISSUED BY THE 2ND RESPONDENTTO THE PETITIONER.TO THE PETITIONER. P8:TRUE COPY OF THE ASSESSMENT ORDER DATED 10.03.2016 FOR THEAY 2013-14 ISSUED BY 1ST RESPONDENT TO THE PETITIONER.AY 2013-14 ISSUED BY 1ST RESPONDENT TO THE PETITIONER. P9:TRUE COPY OF THE COMMUNICATION BEARING NO.W5/KTM/AAAAT5023F:12-13/16-17 DATED 15.04.2016 ISSUED BY 1ST RESPONDENT TO THEPETITIONER.12-13/16-17 DATED 15.04.2016 ISSUED BY 1ST RESPONDENT TO THEPETITIONER. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE A. MUHAMED MUSTAQUE, J. ------------------------------------------------- W.P.(C).No. 16456 of 2016 -------------------------------------------------Dated this the 29[th] day of April, 2016 JUDGMENT The petitioner, impugning conditional order of stayin appeal, has approached this Court. Considering the facts and circumstances of the case, this Court is of the view that the appeal shall be disposed by the second respondent after issuing notice to thepetitioner as expeditiously as possible. Till the disposal of the appeal, all recovery proceedings shall be deferred.Accordingly, the impugned order is modified. The writ petition is disposed of as above. Sd/- A. MUHAMED MUSTAQUE JUDGE