Wp(C)/2782/2020 Of Kadungalloor 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.2782 OF 2020(W) PETITIONER/S: KADUNGALLOOR SERVICE CO-OPERATIVE BANK LIMITED.NO.2165EAST KADUNGALLOOR, U.C.COLLEGE P.O., ALUVA, ERNAKULAM-683102, REPRESENTED BY ITS SECRETARY SRI.N.SANTHOSH KUMAR. BY ADVS.SRI.K.S.HARIHARAN NAIRSMT.G.REMADEVISMT.HARIMA HARIHARANSHRI.RAJATH R NATH RESPONDENT/S: 1THE INCOME TAX OFFICERWARD 2, 2ND FLOOR, K.A.P SHOPPING COMPLEX, RAILWAY STATION ROAD, ALUVA, ERNAKULAM, PIN-683101. 2THE COMMISSIONER OF INCOME TAX (APPEALS),DEPARTMENT OF INCOME TAX, ERNAKULAM-682018. OTHER PRESENT: SRI.CHRISTOPHER ABRAHAM, 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. 2782 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. Christopher Abraham, learned Government Pleaderappearing for the respondents. Heard Sri.K.S.Hariharan Nair, learned counsel appearing for 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 application 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 stay application, further coercive steps for enforcement of the impugned order 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 30.12.2019 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2017-18. EXHIBIT P2COPY OF APPEAL MEMORANDUM DATED 24.01.2020 AGAINST EXT.P1. EXHIBIT P3 COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27.01.2020.