Wp(C)/2772/2020 Of Kallamkunnu Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 31ST DAY OF JANUARY 2020 / 11TH MAGHA, 1941WP(C).No.2772 OF 2020(V) PETITIONER/S: KALLAMKUNNU SERVICE CO-OPERATIVE BANK LIMITEDNO. R. 314, KALLAMKUNNU P.O. NADAVARAMBA, THRISSUR 680 661, REPRESENTED BY ITS SECRETARY SRI. GANESH C.K. BY ADVS.SRI.K.S.HARIHARAN NAIRSMT.G.REMADEVISMT.HARIMA HARIHARANSHRI.RAJATH R NATH RESPONDENT/S: 1THE INCOME TAX OFFICERWARD 2 (2) AAYAKAR BHAVAN, SAKTHAN THMPURAN NAGAR, THRISSUR 680 001. 2THE COMMISSIONER OF INCOME TAX(APPEALS), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR 680 001. OTHER PRESENT: SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. ----------------------------------------- W.P.(C.) No. 2772 of 2020 ----------------------------------------- Dated this the 31[st] day of January, 2020 JUDGMENT Against Ext.P1 order, the petitioner has filed Ext.P2 appeal andExt.P3 stay petition. The petitioner's grievance is that during the pendencyof the stay petition, coercive recovery proceedings have been initiated bythe assessing authority for recovery of the disputed amounts. 2.Heard Sri.K.S.Hariharan Nair, learned counsel appearing forthe petitioner and Sri. Jose Joseph, learned Standing counsel appearing forthe 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 2[nd]respondent shall take up the matters in Ext.P3 stay application filed inExt.P2 appeal and after affording reasonable opportunity of being heard tothe petitioner through their authorised representative/ counsel, if any,shall pass orders on those applications without much delay, preferablywithin a period of two months from the date of production of a certifiedcopy of this judgment. Until orders are thus passed on the abovesaid stayapplication, further coercive steps for enforcement of the impugned order WP(C).No.2772 OF 2020(V) will be kept in abeyance. With these observations and directions, the above Writ Petition(Civil) stands finally disposed of. Sd/- ALEXANDER THOMAS,JUDGE SKS APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1COPY OF ASSESSMENT ORDER DATED 04.11.2019 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2017-18. EXHIBIT P2COPY OF APPEAL MEMORANDUM DATED 21.01.2020 AGAINST EXT. P1. EXHIBIT P3 COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.01.2020 IN EXT. P1 APPEAL.