Wp(C)/28039/2019 Of Kundayam 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 WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941 WP(C).No.28039 OF 2019(D) PETITIONER: KUNDAYAM SERVICE CO-OPERATIVE BANK LTD. NO.3259REPRESENTED BY ITS SECRETARY, KUNDAYAM P.O., PATHANAPURAM, KOLLAM DISTRICT, PIN-689 695.BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: BY ADV.SRI. CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON23.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T Against Ext.P3 rectified order under the Income Tax Act for theassessment year 2015-2016, the petitioner has preferred Ext.P4 appealtogether with Ext.P5 stay petition before the 3[rd] respondent. It is thecase of the petitioner that even prior to considering the stay petition,recovery steps are taken by the respondents against the petitioner forrecovery of the amounts confirmed by Ext.P3 rectified 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 case asalso the submissions made across the Bar, I dispose the writ petition withthe following directions: 1. The 3[rd] respondent shall consider and passreasoned orders on Ext.P5 stay petition within aperiod of two months from the date of receipt of acopy of this judgment, after hearing the petitioner. 2. Recovery steps for recovery of amountsconfirmed against the petitioner by Ext.P3 rectifiedorder shall be kept in abeyance till such time as mns orders are passed by the 3[rd] respondent as directedabove and communicated to the petitioner. 3. The petitioner shall produce a copy of the writpetition together with a copy of this judgment,before the 3[rd] respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE APPENDIX PETITIONER'S/S EXHIBITS: RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE