Wp(C)/22824/2015 Of Edapatta Service Cooperative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 WP(C).No. 22824 of 2015 (C) ---------------------------- PETITIONER: ------------------- EDAPATTA SERVICE COOPERATIVE BANK LTD., EDAPATTA, PERINTHALMANNA, MALAPPURAM DISTRICT - 679 326, REPRESENTED BY ITS SECRETARY. BY SRI.K.ANAND (SENIOR ADVOCATE) ADVS. SMT.LATHA KRISHNAN SRI.M.N.RADHAKRISHNA MENON SRI.JOSEPH SEBASTIAN (PARACKAL) RESPONDENT(S): -------------------------- 1. INCOME TAX OFFICER, WARD 4, OFFICE OF THE INCOME TAX OFFICER, TARIFF BAZAR, TOWN HILL ROAD, TIRUR - 676 101. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) KOZHIKODE - 673 020. KOZHIKODE - 673 020. BY SRI.K.M.V.PANDALAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/ WP(C).No. 22824 of 2015 (C) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: ------------------------------------- EXHIBIT P1. TRUE COPY OF THE ASSESSMENT ORDER DATED 2.3.15. EXHIBIT P2.TRUE COPY OF THE PENALTY NOTICE UNDER SEC.271B DATED 2.3.15.DATED 2.3.15. EXHIBIT P3. TRUE COPY OF THE PENALTY NOTICE UNDER SEC.271F DATED 2.3.15. EXHIBIT P4. TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.2ND RESPONDENT. EXHIBIT P5. TRUE COPY OF THE STAY PETITION. EXHIBIT P6. TRUE COPY OF THE PROCEEDINGS DATED 2.3.15. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE mbr/ A.MUHAMED MUSTAQUE, J. ***************************************************************************** W.P.(C) No.22824 of 2015 ****************************************************************************** Dated this the 29[th] day of July, 2015 JUDGMENT The petitioner, impugning Ext.P1 assessment order, filedExt.P4 appeal before the second respondent. The petitioner also filedExt.P5 stay application. 2. Considering the facts and circumstances, there shall be adirection to the second respondent to consider the stay applicationwithin a period of three months after issuing notice to the petitioner.Till the disposal of the stay application, all recovery proceedingsbased on the assessment order shall be kept in abeyance. Thepetitioner is directed to produce a copy of this judgment before thesecond respondent for compliance. The writ petition is disposed of as above. ln Sd/- A.MUHAMED MUSTAQUE, JUDGE