Wp(C)/27327/2019 Of The Chavassery Service Co-Operative Bank C-39 v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941 WP(C).No.27327 OF 2019 PETITIONER: THE CHAVASSERY SERVICE CO-OPERATIVE BANK C-39,P.O.CHAVASSERY, MATTANUR VIA, KANNUR-670702, REPRESENTED BY ITS SECRETARY SATHEESH CHANDRAN K.P.BY ADVS.SRI.S.ARUN RAJSMT.C.T.SUJASRI.ARJUN S.RAJ RESPONDENTS: BY ADV.SRI.CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON15.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T Against Ext.P1 assessment order under the Income Tax Act forthe assessment year 2016-2017, the petitioner has preferred Ext.P2appeal together with Ext.P3 stay petition before the 3[rd] respondent.It is the case of the petitioner that even prior to considering the staypetition, recovery steps are taken by the respondents against thepetitioner for recovery of the amounts confirmed by Ext.P1assessment order. 2. I have heard the learned counsel appearing for the petitionerand also the learned Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the caseas also the submissions made across the Bar, I dispose the writpetition with the following directions: 1. The 3[rd] respondent shall consider and passreasoned orders on Ext.P3 stay petition within aperiod of six weeks from the date of receipt of acopy of this judgment, after hearing thepetitioner. 2. Recovery steps for recovery of amountsconfirmed against the petitioner by Ext.P1assessment order shall be kept in abeyance tillsuch time as orders are passed by the 3[rd]respondent as directed above and communicatedto the petitioner. 3. The petitioner shall produce a copy of thewrit petition together with a copy of thisjudgment, before the 3[rd] respondent, for furtheraction. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE APPENDIX PETITIONERS EXHIBITS EXHIBIT -P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 24.12.2018PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) OF THE ACT FOR THEAY 2016-17 EXHIBIT P2- TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT FOR THE AY 2016-17 EXHIBIT P3- TRUE COPY OF THE APPLICATION OF STAY FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2016-17 RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE