Wp(C)/2625/2020 Of Kanayannur Service Co-Opeative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 30TH DAY OF JANUARY 2020 / 10TH MAGHA, 1941 WP(C).No.2625 OF 2020(C) PETITIONER: KANAYANNUR SERVICE CO-OPEATIVE BANK LTDNO. 115, CHOTTANIKKARA P.O. ERNAKULAM 682312, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.C.A.JOJOSRI.MATHEWS JOSEPH RESPONDENTS: 1INCOME TAX OFFICERKOCHI 682 018.KOCHI 682 018. WARD 1 (3), KOCHI, CENTRAL REVENUE TOWER, 2COMMISSIONER OF INCOME TAX(APPEALS)-2, OFFICE OF THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE TOWER, , KOCHI 682 018.(APPEALS)-2, OFFICE OF THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE TOWER, , KOCHI 682 018. 3JOINT COMMISSIONER OF INCOME TAX,CENTRAL REVENUE TOWER , KOCHI 682 018. SRI. CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. =========================== W.P(C) No.2625 of 2020 =========================== Dated this the 30[th] day of January, 2020 JUDGMENT Against Exts.P1 and P6 orders, the petitioner has filed Exts.P3 and P8 appeals and Exts.P4 and P9 stay petitions. The petitioner'sgrievance is that during the pendency of the stay petitions, Exts.P2 andP7 demand notices have been issued for enforcement of the impugnedExts.P1 and P6 orders by the assessing authority for recovery of thedisputed amounts. 2.Heard Sri.C.A.Jojo, 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 factsand circumstances of the case, it is ordered in the interest of justice thatthe 2[nd] respondent shall take up the matters in Exts.P4 and P9 stayapplications filed in Exts.P3 and P8 appeals and after affordingreasonable opportunity of being heard to the petitioner through their authorised representative/counsel, if any, shall pass orders on thoseapplications without much delay, preferably within a period of twomonths from the date of production of a certified copy of this judgment.Until orders are thus passed on the abovesaid Exts.P4 and P9 stayapplications, further coercive steps pursuant to Exts.P2 and P7 demandnotices for enforcement of the impugned Exts.P1 and P6 orders will bekept in abeyance. With these observations and directions, the above Writ Petition(Civil) stands finally disposed of. Sd/- ALEXANDER THOMAS JUDGE vgd APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDER AY 2011-12 DATED 28.12.2016 ISSUED BY THE FIRST RESPONDENT.2011-12 DATED 28.12.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2A TRUE COPY OF THE DEMAND NOTICE FOR AN AMOUNT OF RS.28,22,760/-U/S. 156 DATED 28.12.2016 ISSUED BY THE FIRST RESPONDENT.AMOUNT OF RS.28,22,760/-U/S. 156 DATED 28.12.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3A TRUE COPY OF THE APPEAL FOR AY 2011-12 BEFORE THE 2ND RESPONDENT DATED 29.01.207.BEFORE THE 2ND RESPONDENT DATED 29.01.207. EXHIBIT P4A TRUE COPY OF THE STAY PETITION FOR AY 2011-12 BEFORE THE 2ND RESPONDENT DATED 14.03.2017.2011-12 BEFORE THE 2ND RESPONDENT DATED 14.03.2017. EXHIBIT P5A TRUE COPY OF THE STAY ORDER OF THE 3RD RESPONDENT DATED 22.05.2017.RESPONDENT DATED 22.05.2017. EXHIBIT P6A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2017-18 DATED 12.12.2019 ISSUED BY THEFIRST RESPONDENT.AY 2017-18 DATED 12.12.2019 ISSUED BY THEFIRST RESPONDENT. EXHIBIT P7A TRUE COPY OF THE DEMAND NOTICE FOR AN AMOUNT OF RS.91,41,563 /U/S- 156 DATED 12.12.2019 ISSUED BY THE FIRST RESPONDENT.AMOUNT OF RS.91,41,563 /U/S- 156 DATED 12.12.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P8A TRUE COPY OF THE APPEAL FOR AY 2017-18 BEFORE THE 2ND RESPONDENT DATED 13.01.2020.BEFORE THE 2ND RESPONDENT DATED 13.01.2020. EXHIBIT P9A TRUE COPY OF THE STAY PETITION FOR AY 2017-18 BEFORE THE 1ST RESPONDENT DATED 15.01.2020.2017-18 BEFORE THE 1ST RESPONDENT DATED 15.01.2020. EXHIBIT P5A TRUE COPY OF THE STAY ORDER OF THE 3RD RESPONDENT DATED 22.05.2017.RESPONDENT DATED 22.05.2017. EXHIBIT P6A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2017-18 DATED 12.12.2019 ISSUED BY THEFIRST RESPONDENT.AY 2017-18 DATED 12.12.2019 ISSUED BY THEFIRST RESPONDENT. EXHIBIT P7A TRUE COPY OF THE DEMAND NOTICE FOR AN AMOUNT OF RS.91,41,563 /U/S- 156 DATED 12.12.2019 ISSUED BY THE FIRST RESPONDENT.AMOUNT OF RS.91,41,563 /U/S- 156 DATED 12.12.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P8A TRUE COPY OF THE APPEAL FOR AY 2017-18 BEFORE THE 2ND RESPONDENT DATED 13.01.2020.BEFORE THE 2ND RESPONDENT DATED 13.01.2020. EXHIBIT P9A TRUE COPY OF THE STAY PETITION FOR AY 2017-18 BEFORE THE 1ST RESPONDENT DATED 15.01.2020.2017-18 BEFORE THE 1ST RESPONDENT DATED 15.01.2020. EXHIBIT P10A TRUE COPY OF THE NOTICE U/S 221(1) ISSUED BY THE 1ST RESPONDENT DATED 17.01.2020.ISSUED BY THE 1ST RESPONDENT DATED 17.01.2020.