Wp(C)/21023/2019 Of Pariyaram Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 02ND DAY OF AUGUST 2019 / 11TH SRAVANA, 1941WP(C).No.21023 of 2019 PETITIONER: PARIYARAM SERVICE CO-OPERATIVE BANK LIMITEDNO. 593, PARIYARAM, THRISSUR-680 721, REPRESENTED BY ITS SECRETARY SRI. ANTONY THOMAS. BY ADV. SRI.K.S.HARIHARAN NAIR RESPONDENTS: 1THE INCOME TAX OFFICERWARD 2(4), RANGE 2, AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-PIN-680 001.2THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAVAN, SAKTHAN THAMPURAM NAGAR, THRISSUR, PIN-680 001 SC SRI JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner filed appeal in Ext.P2 aggrieved by the orderof assessment in Ext.P1 made under Section 143 (3) of the IncomeTax Act, 1961. The petitioner has filed the appeal with Ext.P3stay petition. The petitioner prays for appropriate direction tothe appellate authority to consider and dispose of Ext.P3expeditiously. 2.The case of petitioner is that either the mere filing ofappeal or mere pendency of appeal does not amount to grantingstay by the appellate authority. The delay in considering anddisposing of Ext.P3 results in the assessing officer taking stepsfor recovering the tax amount which is under challenge inExt.P2. The assessing officer, if is successful in his effort thestatutory appeal would become either academic or ineffective. Itis further contended by the petitioner that in the manner the lawprovides for protecting the interest of appellant pending appeal,the order on stay petition is passed expeditiously. Hence thewrit petition. WP(C).No.21023 of 2019 -3- 3.Perused Exts. P1, P2, P3. Prima facie I am satisfied thata case is made out for issuing necessary directions to 2[nd]respondent to dispose of the stay petition in Ext.P3. Having regard to the limited prayer and the groundsreferred to above, this Court is satisfied that the writ petition canbe disposed of by this order: (a)The appellate authority/2[nd] respondent considers anddisposes of Ext.P3 application as early as possible, preferablywithin two months from the date of receipt of copy of thisjudgment. (b)The respondents are directed not to take coercive steps orrecover the amounts determined in the orders under appeal forten weeks from today. Sd/- S.V.BHATTI JUDGE WP(C).No.21023 of 2019 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1COPY OF ASSESSMENT ORDER DATED 03.11.2017 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2015-16. EXHIBIT P2COPY OF APPEAL MEMORANDUM DATED 07.12.2017 AGAINST EXT. P1. EXHIBIT P3 COPY OF THE STAY PETITION ON STATUTORY APPEAL BEFORE THE 2ND RESPONDENT DATED 26.07.2019. RESPONDENTS'S/S EXHIBITS: NIL