Wp(C)/2334/2020 Of The Nedungolam Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941 WP(C).No.2334 OF 2020(N) PETITIONER: THE NEDUNGOLAM SERVICE CO-OPERATIVE BANK LTD. NO. 583REPRESENTED BY ITS SECRETARY, CHATHANOOR, NEDUNGOLAM P.O., KOLLAM-671334. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: 1THE COMMISSIONER OF INCOME TAX (APPEALS)THIRUVANANTHAPURAM-695001. 2THE INCOME TAX OFFICER,TAX OFFICER, WARD NO.4, KOLLAM-691001. WARD 4, KOLLAM (ASSESSING OFFICER), O/O THE INCOME SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. =========================== W.P(C) No.2334 of 2020 =========================== Dated this the 28th day of January 2020 JUDGMENT Against Ext.P2 assessment order, the petitioner has filed Ext.P4appeal and Ext.P5 stay petition. The petitioner's grievance is that duringthe pendency of the stay petition, coercive recovery proceedings have beeninitiated by the assessing authority for recovery of the disputed amounts. 2.Heard Sri.P.C.Sasidharan, learned counsel appearing for thepetitioner and Sri. Christopher Abraham, learned standing counselappearing for the respondents. 3.After hearing both sides and after taking note of the facts andcircumstances of the case, it is ordered in the interest of justice that the 1[st]respondent shall take up the matters in Ext.P5 stay application filed inExt.P4 appeal and after affording reasonable opportunity of being heard tothe petitioner through their authorised representative/counsel, if any, shallpass orders on those applications without much delay, preferably within aperiod of 2 months from the date of production of a certified copy of thisjudgment. Until orders are thus passed on the abovesaid stay application,further coercive steps for enforcement of the impugned order will be keptin abeyance. With these observations and directions, the above Writ Petition(Civil) stands finally disposed of. Nsd//true copy//Pa to Judge Sd/- ALEXANDER THOMAS JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 26.11.2018. EXHIBIT P2 TRUE COPY OF THE ASSESSMENT ORDER DATED 07.12.2019. EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 07.12.2019. EXHIBIT P4EXHIBIT P5 TRUE COPY OF THE APPEAL DATED 06.01.2020.TRUE COPY OF THE STAY PETITION DATED 15.01.2020.