Wp(C)/18484/2019 Of Vattiyoorkavu Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI MONDAY, THE 08TH DAY OF JULY 2019 / 17TH ASHADHA, 1941 WP(C).No.18484 of 2019 PETITIONER/S: VATTIYOORKAVU SERVICE CO-OPERATIVE BANK LTD.NO.1652,REPRESENTED BY ITS SECRETARY, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM DISTRICT - 695 013. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENT/S: SC SRI JOS WINSON FOR SRI CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON08.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner filed appeals in Exts.P3 and P7 aggrieved by theorders of assessment in Exts.P2 and P6 made under Section 271 B of the Income Tax Act. The petitioner has filed the appeals with Exts.P4 and P8stay petitions. The petitioner prays for appropriate direction to theappellate authority to consider and dispose of Exts.P4 and P8expeditiously. 2.The case of petitioner is that either the mere filing of appealor mere pendency of appeal does not amount to granting stay by theappellate authority. The delay in considering and disposing of Exts.P4and P8 results in the assessing officer taking steps for recovering the taxamount which is under challenge in Exts.P3 and P7. The assessing officer,if is successful in his effort the statutory appeal would become eitheracademic or ineffective. It is further contended by the petitioner that inthe manner the law provides for protecting the interest of appellantpending appeal, the orders on stay petitions are passed expeditiously.Hence the writ petition. 3.Perused Exts.P2 and P6 assessment orders, P3 and P7 appealsand P4 and P8 stay petitions. Prima facie I am satisfied that a case is madeout for issuing necessary directions to the 2[nd] respondent to dispose of the stay petitions in Exts.P4 and P8. Having regard to the limited prayer and the grounds referred to above, this Court is satisfied that the writ petition can be disposed of bythis order: (a)The appellate authority/2[[nd]] respondent considers and disposes ofExts.P4 and P8 stay petitions as early as possible, preferably within twomonths from the date of receipt of copy of this judgment. The appellate authority/2[[nd]] respondent considers and disposes of (b)The respondents are directed not to take coercive steps or recoverthe amounts determined in the orders under appeal for two months fromtoday. Sd/- S.V.BHATTI JUDGE APPENDIX PETITIONER'S/S EXHIBITS: