Wp(C)/17422/2019 Of The Mayyanad Regional Co-Operative Bank Ltd v. The Income Tax Appellate Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 26TH DAY OF JUNE 2019 / 5TH ASHADHA, 1941WP(C).No.17422 of 2019 PETITIONER/S: THE MAYYANAD REGIONAL CO-OPERATIVE BANK LTD.MAYYANAD BANK BUILDING, MAYYANAD, KOLLAM-691303, REPRESENTED BY ITS CHIEF EXECUTIVE. BY ADVS.SRI.V.JAYAPRADEEPSRI.ALAN PRIYADARSHI DEVSMT.ANN SUSAN GEORGESRI.D.S.LOKANATHANSMT.O.A.NURIYA RESPONDENT/S: 1THE INCOME TAX APPELLATE AUTHORITYTHE COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM. 2THE INCOME TAX OFFICER,WARD NO.4, KOLLAM. MATHEW GEORGE VADAKKEL GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17422/2019 2 JUDGMENT The petitioner filed an Income Tax Appeal asagainst the assessment years 2014-2015 and 2016-2017. This Court directed the AppellateAuthority to consider the stay application asagainst the assessment order for the year 2016-2017 as per the judgment in W.P.(C) No.9449/2019.There was also a direction not to take recoverysteps till the stay application is disposed of.In the meanwhile, the petitioner has been servedwith Ext.P3 recovery notice for the assessmentyears 2014-2015 and 2016-2017. The said noticeis under challenge in this writ petition. In the light of the fact that the petitionerhas filed an appeal as per Ext.P1 for theassessment year 2014-2015, there shall be adirection to the Apellate Authority to disposethe stay application within four weeks. Tillthen, recovery proceedings pursuant to theassessment order for the year 2016-2017 shall bekept in abeyance. There shall also be a direction not to effect recovery for the assessment year2014-2015 till the stay application is disposed of. The stay application shall be disposedwithin four weeks. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE ln APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE COPY OF THE APPEAL & STAY PETITION DATED 21.01.2017. EXHIBIT P2 THE COPY OF THE JUDGMENT IN WPC NO.9449/2019 DATED 27.03.2019. EXHIBIT P3 COPY OF THE LATEST RECOVERY NOTICE DATED 22.05.2019. RESPONDENTS EXHIBITS:NIL. //TRUE COPY// P.A.TO JUDGE