Wp(C)/27335/2019 Of Kolari Service Co-Operative Bank Ltd 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 W.P(C).No.27335 OF 2019 PETITIONER: KOLARI SERVICE CO-OPERATIVE BANK LTD.,MATTANNUR, MATTANNUR P.O., THALASSERY,KANNUR – 670702. REPRESENTED BY ITS SECRETARY K.NARAYANAN. BY ADVS.SRI.S.ARUN RAJSMT.C.T.SUJA RESPONDENTS: 1.THE INCOME TAX OFFICER,WARD – 3, KANNUR RANGE, KANNUR – 670 006.2.THE PRINCIPAL COMMISSIONER OF INCOME TAXAAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA,KOZHIKODE – 673 001. 3.THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE-673 001. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 15.10.2019, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: J U D G M E N T Against Exts.P1, P3, P5 and P7 assessment orders under theIncome Tax Act, for the assessment years 2010-11, 2012-13, 2013-14and 2015-16, the petitioner has preferred Exts.P2, P4, P6 and P8appeals together with Exts.P9 to P12 stay petitions before the 3[rd]respondent. In the appeals, mention has also been made of the delayoccasioned while filing the appeals. The prayer in the writ petition isfor a direction to the 3[rd] respondent, before whom the appeals andstay petitions are pending, to consider and pass orders on the same,expeditiously, and to keep in abeyance recovery steps, in themeanwhile. 2. I have heard the learned counsel for the petitioner as alsothe learned Standing Counsel 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 a direction to the 3[rd] respondent to consider and pass reasoned orders on the delay condonation applications andthereafter Exts.P9 to P12 stay petitions within a period of twomonths from the date of receipt of a copy of this judgment, afterhearing the petitioner. Recovery steps for recovery of amountsconfirmed against the petitioner by Exts.P1, P3, P5 and P7assessment orders shall be kept in abeyance till such time as ordersare passed by the 3[rd] respondent, as directed, and communicated tothe petitioner. The petitioner shall produce a copy of the writ petitiontogether with a copy of this judgment, before the 3[rd] respondent, forfurther action. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE prp/15/10/19 W.P.(C).No.27335/2019 : 4 : APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE ASSESSMENT ORDER DATED 19.2.2016 PASSED BYTHE 1ST RESPONDENT UNDER SECTION 143(3) R.W.S. 147 OF THE ACT FORTHE AY 2010-11. EXT.P2: TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORETHE 3RD RESPONDENT FOR THE AY 2010-11. EXT.P3: TRUE COPY OF THE ASSESSMENT ORDER DATED 27.3.2015 PASSEDUNDER SECTION 143(3) FOR THE AY 2012-13. EXT.P4: TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORETHE 3RD RESPONDENT FOR THE AY 2012-13. EXT.P5: TRUE COPY OF THE ASSESSMENT ORDER DATED 16.3.2016 PASSEDUNDER SECTION 143(3) FOR THE AY 2013-14. EXT.P6: TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORETHE 3RD RESPONDENT FOR THE AY 2013-14. EXT.P7: TRUE COPY OF THE ASSESSMENT ORDER DATED 27.12.2017 PASSEDUNDER SECTION 143(3) FOR THE AY 2015-16. EXT.P8: TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORETHE 3RD RESPONDENT FOR THE AY 2015-16. EXT.P9: TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT FOR THE AY 2010-11. EXT.P10: TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT FOR THE AY 2012-13. EXT.P11: TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT FOR THE AY 2013-14. EXT.P12: TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT FOR THE AY 2015-16. RESPONDENTS EXHIBITS: NIL. //TRUE COPY//P.S. TO JUDGE