Wp(C)/2243/2018 Of Kerala Gazetted Officers Co-Operative Society Ltd v. Income Tax Officer, Ward - 2 (1)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 22ND DAY OF JANUARY 2018 / 2ND MAGHA, 1939 WP(C).No. 2243 of 2018 PETITIONER(S) KERALA GAZETTED OFFICERS CO-OPERATIVE SOCIETY LTD NO.T 424 REPRESENTED BY ITS SECRETARY, VAZHUTHACAUD P.O. THIRUVANANTHAPURAM 695 014. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): 1. INCOME TAX OFFICER, WARD - 2 (1) OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHPURAM DISTRICT 695 003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) THIRUVANANTHAPURAM 695 003. THIRUVANANTHAPURAM 695 003. R BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2243 of 2018 (E) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2014-2015 DATED 28/12/2016 EXHIBIT P2 A TRUE COPY OF THE CONSOLIDATED DEMAND NOTICE NO.AACAK6865 C/ITO/W-2(1)/TVM/2017-18 DATED 12/10/2017 NO.AACAK6865 C/ITO/W-2(1)/TVM/2017-18 DATED 12/10/2017 EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 30/10/2017 IN WPC NO.34580/2017 WPC NO.34580/2017 EXHIBIT P4 A TRUE COPY OF THE ORDER IN ITA NO.143/EF/TVM/CIT/(A), TVM/2016-17 DATED 09/01/2018 OF THE 2ND RESPONDENT NO.143/EF/TVM/CIT/(A), TVM/2016-17 DATED 09/01/2018 OF THE 2ND RESPONDENT EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED 11/1/2018 ISSUED BY THE 1ST RESPONDENT ISSUED BY THE 1ST RESPONDENT EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 21/12/2017 IN WPC NO.38566/2017 WPC NO.38566/2017 // TRUE COPY // PS TO JUDGE P.B.SURESH KUMAR, J. = = = = = = = = = = = = = W.P.(C).No.2243 of 2018 = = = = = = = = = = = = =Dated this the 22[nd] day of January, 2018 J U D G M E N T The issue raised in the writ petition is covered by Ext.P6 judgment rendered by this Court at the instanceof a similarly placed Co-operative Society. In the light of Ext.P6 judgment, the writ petition is disposed of modifying Ext.P4 impugned order grantingthe petitioner absolute stay for realisation of the amountcovered by Ext.P1 assessment order, pending disposal ofthe appeal preferred against the same. Sd/- P.B.SURESH KUMAR, JUDGE. Kvs/- // true copy //