Wp(C)/16583/2016 Of The Thachinganalam Service Co-Operative Bank Limited v. The Commissioner Of Income Tax (Appeals)

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. 16583 of 2016 (W) ---------------------------- PETITIONER(S): ----------------------- THE THACHINGANALAM SERVICE CO-OPERATIVE BANK LIMITED NO.10152,THACHINGANADAM P.O., PATTIKKAD VIA,MALAPPURAM DISTRICT - 679 325,REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS. RESPONDENT(S):--------------------------- BY ADV. SRI.K.M.V.PANDALAI, SC. rs. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16583 of 2016 (W) APPENDIX PETITIONER'S EXHIBITS:- P1 COPY OF THE CERTIFICATE DTD. 07.01.2014 ISSUED BY THE JOINT REGISTRAR OF CO-OP. SOCIETIES (GENERAL), MALAPPURAM. P2 COPY OF THE ASSESSMENT ORDER DTD. 23.02.2016 ISSUED BY THE 2ND RESPONDENT. P3 COPY OF THE APPEAL DTD. 15.03.2016 FILED BEFORE THE 1ST RESPONDENT. P4 COPY OF THE STAY PETITION DTD. 15.03.2016 FILED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs. A.MUHAMED MUSTAQUE, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.16583 of 2016 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29[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.P3 appeal within a period of fourmonths from the date of receipt of a copy of this judgment, afterhearing the petitioner. Recovery steps for recovery of amountsconfirmed against petitioner by Ext.P2 assessment order shall bekept in abeyance till orders are passed by the 1[st] respondent asdirected above. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE