Wp(C)/22387/2019 Of Perinjanam Service Co Op Bank Ltd v. The Income Tax Officer Ward 2(1)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 16TH DAY OF AUGUST 2019 / 25TH SRAVANA, 1941 WP(C).No.22387 OF 2019(W) PETITIONER: PERINJANAM SERVICE CO-OPERATIVE BANK LTD. NO. 720, P.O. PERINJALAM, THRISSUR DISTRICT - 680 685, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.M.SASINDRANSRI.V.VENUGOPALSRI.I.SREEHARI RESPONDENTS: 1THE INCOME TAX OFFICER WARD 2(1)AYAKAR BHAVAN, INCOME TAX OFFICE, SHAKTHANTHAMPURAN NAGAR, THRISSUR - 680 001. 2THE COMMISSIONER OF INCOME TAX (APPEALS)3RD FLOOR, AAYAKAR BHAVAN, THRISSUR - 680 001. THUSHARA JAMES GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON16.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 16th day of August 2019 The petitioner filed an appeal challenging assessment order by Income Tax Act, 1961. The appeal was filed in the year 2017. Thepetitioner had not moved stay application. The petitionerapproached this Court when recovery proceedings were initiated. 2. The learned counsel for the petitioner undertook that thepetitioner will file a stay application within one week. 3. The submission is recorded. If the petitioner moves such astay application within one week, the same shall be disposed by theAppellate Authority within a further period of four weeks, afterhearing the petitioner. Till the relief as above is worked out,coercive steps shall be deferred. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2009-2010.YEAR 2009-2010. EXHIBIT P2A TRUE COPY OF APPEAL MEMORANDUM PENDING BEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. EXHIBIT P3A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2010-2011.YEAR 2010-2011. EXHIBIT P4A TRUE COPY OF THE APPEAL MEMORANDUM PENDING BEFORE THE 2ND RESPONDENT.PENDING BEFORE THE 2ND RESPONDENT. EXHIBIT P5A TRUE RELEVANT COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2013-2014.ORDER FOR THE YEAR 2013-2014. EXHIBIT P6A TRUE COPY OF THE APPEAL MEMORANDUM PENDING BEFORE THE 2ND RESPONDENT.PENDING BEFORE THE 2ND RESPONDENT. EXHIBIT P7A TRUE COPY OF THE NOTICE UNDER SECTION 221(1) OF THE INCOME TAX ACT.(1) OF THE INCOME TAX ACT. RESPONDENTS' EXHIBITS:- NIL SAS/16/08/2019 //TRUE COPY// P.A. TO JUDGE