Wp(C)/27336/2019 Of The Kalliad Service Co-Operative Bank F-1281 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.27336 OF 2019 PETITIONER: THE KALLIAD SERVICE CO-OPERATIVE BANK F-1281KALLIAD P.O, KANNUR-670593, REPRESENTED BY ITS SECRETARY, SAJITHAKUMARI. SRI.S.ARUN RAJSMT.C.T.SUJA RESPONDENTS: 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 Ext.P1 assessment order under the Income Tax Act,for the assessment year 2015-16, the petitioner has preferredExt.P2 appeal together with Ext.P3 stay petition before the 3[rd]respondent. It is the case of the petitioner that even prior toconsidering the stay petition, recovery steps are taken by therespondents against the petitioner for recovery of the amountsconfirmed by Ext.P1 assessment order. 2. I have heard the learned counsel appearing for thepetitioner and also the learned Standing counsel appearing for therespondents. 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 two months from the date of receipt of prp/15/10/19 a copy 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]respondentasdirectedaboveandcommunicated to 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 W.P.(C).No.27336/2019 : 4 : APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDERDATED 25.12.2017 PASSED BY THE ISTRESPONDENT UNDER SECTION 143(3) OF THEACT FOR THE AY 2015-16.DATED 25.12.2017 PASSED BY THE ISTRESPONDENT UNDER SECTION 143(3) OF THEACT FOR THE AY 2015-16. EXHIBIT P2TRUE COY OF THE FIRST APPEAL FILED BYTHE PETITIONER BEFORE THE 3RDRESPONDENT FOR THE AY 2015-16.THE PETITIONER BEFORE THE 3RDRESPONDENT FOR THE AY 2015-16. EXHIBIT P3TRUE COPY OF THE APPLICATION OF STAYFILED BY THE PETITIONER BEFORE THE 3RDRESPONDENT FOR THE AY 2015-16.FILED BY THE PETITIONER BEFORE THE 3RDRESPONDENT FOR THE AY 2015-16. RESPONDENTS EXHIBITS:NIL. //TRUE COPY// P.S. TO JUDGE