Wp(C)/21846/2013 Of Kadalundi Service Co-Operative Bank Limited v. Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF SEPTEMBER 2013/12TH BHADRA, 1935 WP(C).No. 21846 of 2013 (E) ---------------------------- PETITIONER(S): ------------------------- KADALUNDI SERVICE CO-OPERATIVE BANK LIMITED NO.F.1500, KADALUNDI POST, KADALUNDI, REPRESENTED BY ITS SECRETARY. BY ADVS.SMT.A.K.PREETHA SRI.C.ANIL KUMAR RESPONDENTS: ------------------------ 1. COMMISSIONER OF INCOME TAX (APPEALS)-1, AYAKAR BHAVAN, KOZHIKODE. 2. THE INCOME TAX OFFICER, WARD 2(3), KOZHIKODE. R1 & R2 BY ADV. SRI.JOSE JOSEPH, SC, INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(C).No. 21846 of 2013 (E) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: ---------------------------------------- EXHIBIT P1: TRUE COPY OF THE BYE-LAWS OF THE PETITIONER. EXHIBIT P2: TRUE COPY OF THE CERTIFICATE DATED 3.4.2008 ISSUED BY THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, KOZHIKODE. EXHIBIT P3: TRUE COPY OF THE ASSESSMENT ORDER FOR ASSESSMENT YEAR 2010-11 ISSUED BY THE 2ND RESPONDENT. YEAR 2010-11 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4: A TRUE OF THE MEMORANDUM OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. PETITIONER BEFORE THE IST RESPONDENT. EXHIBIT P5: TRUE COPY OF STAY PETITION FILED BEFORE THE IST RESPONDENT. RESPONDENT. EXHIBIT P6: TRUE COPY OF THE ORDER DATED 7.8.2013 PASSED BY THE IST RESPONDENT. THE IST RESPONDENT. RESPONDENT(S)' EXHIBITS: ----------------------------------------- N I L /TRUE COPY/ P.A.TO JUDGE V.CHITAMBARESH,J. = = = = = = = = = = = W.P.(C)No. 21846 of 2013 = = = = = = = = = = = == = = = = Dated this the 3[rd] day of September, 2013 J U D G M E N T Ext.P6 conditional order of stay passed on Ext.P5 petitionfor stay accompanying Ext.P4 appeal filed against Ext.P3 orderof assessment is impugned. The stay of recovery of tax as soughtby the petitioner stands rejected by Ext.P6 order and a detailedconsideration of the merits of this case at this juncture wouldprejudice the contentions of either parties in Ext.P4 appealpending. 2. I however direct the first respondent to consider Ext.P4appeal untrammelled by Ext.P6 order within a period of sixmonths from the date of receipt of a copy of this judgment. Thecoercive proceedings pursuant to Ext.P3 order of assessmentshall be put on hold on condition that the petitioner remits onethird of the amount due under Ext.P3 order within a period ofone month from today. 3. The petitioner shall produce a copy of the writ petitionwith the judgment before the first respondent for compliance. The writ petition is disposed of. V.CHITAMBARESHJUDGE smm