Wp(C)/2297/2018 Of The Manickal Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 23RD DAY OF JANUARY 2018 / 3RD MAGHA, 1939 WP(C).No. 2297 of 2018 PETITIONER THE MANICKAL SERVICE CO-OPERATIVE BANK LTD NO.1910 REPRESENTED BY ITS SECRETARY, PIRAPPANCODE P.O., THIRUVANANTHAPURAM DISTRICT-695607. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.JAIBY PAUL SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV SMT.ANITA GLENDA PHILIP RESPONDENTS: 1. THE INCOME TAX OFFICER, WARD-2(3) OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT-695003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695003. BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-01-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 11-07-2013, ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), NEDUMANGAD.EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2008-2009 DATED 22-03-2014.EXHIBIT P3 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-2013 DATED 21-03-2015.EXHIBIT P4 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2014-2015 DATED 28-12-2016.EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 26-10-2017 IN WP(C)NO.34252 OF 2017.EXHIBIT P6 A TRUE COPY OF THE APPELLATE ORDER DATED 17-11-2017 IN ITA NO.9&21/TVM/CIT(A), TVM/2014-15 & 2015-16.EXHIBIT P7 A TRUE COPY OF THE ORDER IN ITA NO.129/EF/TVM/CIT(A), TVM/2016-17 DATED 09-01-2018.EXHIBIT P8 A TRUE COPY OF THE NOTICE F.NO.AADAM1119J/ITO/W-2(3)/TVM/2016-17 DATED 11-01-2018.EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 21-12-2017 IN WP(C)NO.38566 OF 2017. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// rsr PA TO JUDGE P.B.SURESH KUMAR, J. -------------------------------------------- W.P.(C).No.2297 of 2018 --------------------------------------------------------------- Dated this the 23[rd] day of January, 2018 J U D G M E N T The issue raised in the writ petition is covered in favour of the petitioner by Ext.P9 judgment rendered by this Court at the instance of a similarly placed Co-operative Society. In the light of Ext.P9 judgment, the writ petition is disposed of modifying Ext.P7 order, which is impugned in the writ petition and granting the petitioner absolute stay of realization of the amounts covered by Ext.P4 assessment order, pending disposal of the appeal preferred against the same. Sd/- P.B.SURESH KUMAR JUDGE