Wp(C)/19788/2018 Of Mundela Service Co-Operative Bank Limited v. The Income Tax Officer, Income Tax Office, Ward 2(3), Kowdiar

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 14TH DAY OF JUNE 2018 / 24TH JYAISHTA, 1940 WP(C).No. 19788 of 2018 PETITIONER(S) MUNDELA SERVICE CO-OPERATIVE BANK LIMITED NO.2433, REPRESENTED BY ITS SECRETARY RAHUL P.S., AGED 26 YEARS, S/O.SARACHANDRA KUMARAN, MUNDELA P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695 543. BY ADV.SMT.MARY BENJEMIN RESPONDENT(S): 1. THE INCOME TAX OFFICER, INCOME TAX OFFICE, WARD 2(3), KOWDIAR, THIRUVANANTHAPURAM - 695 003. 2. COMMISSIONER OF INCOME TAX (APPEALS)-I, OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM - 695 003. R BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-06-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1: TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2015-16 DATED 29.11.2017 ISSUED BY THE FIRST RESPONDENT.EXHIBIT P2: TRUE COPY OF THE DEMAND NOTICE FOR AY 2015-16 DATED 29.11.2017 ISSUED BY THE FIRST RESPONDENT.EXHIBIT P3: TRUE COPY OF THE APPEAL FOR AY 2015-16 DATED 06.01.2018 FILED BEFORE THE 2ND RESPONDENT.EXHIBIT P4: TRUE COPY OF THE STAY PETITION FOR AY 2015-16 DATED 06.01.2018 FILED BEFORE THE 2ND RESPONDENT.EXHIBIT P5: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.6668/2018 DATED 28.02.2018.EXHIBIT P6: TRUE COPY OF THE ORDER IN STAY PETITION BY THE 2ND RESPONDENT DATED 28.05.2018.EXHIBIT P7: TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 04.06.2018.EXHIBIT P8: TRUE COPY OF THE AUDIT CERTIFICATE AND AUDIT MEMORANDUM ISSUED TO THE PETITIONER BANK BY THE CO-OPERATIVE DEPARTMENT.EXHIBIT P9: TRUE COPY OF EXPLANATION DATED 27.11.2017 GIVEN BY THE PETITIONER. EB ///TRUE COPY/// P.B. SURESH KUMAR, J. ------------------------------------------------W.P.(C).No. 19788 of 2018 ------------------------------------------------ Dated this the 14[th] day of June, 2018 JUDGMENT The learned counsel for the petitioner seekspermission to withdraw the writ petition. In the light ofthe permission sought by the learned counsel for thepetitioner, the writ petition is dismissed as withdrawn. Sd/-P.B. SURESH KUMARJUDGE EB continued at page No.2 The Judgment dated 14.06.2018 in W.P.(C) No.19788/2018 is suo motu corrected by substituting thesecond sentence in the judgment vide order dated26.06.2018 in W.P. (C) No. 19788/2018 as follows: “In the light of the permission sought bythe learned counsel for the petitioner, the writpetition is dismissed as withdrawn withoutprejudice to the right of the petitioner to file a freshwrit petition on the same cause of action” Sd/- REGISTRAR (JUDICIAL) MIN