Wp(C)/28049/2019 Of Karuvannur Service Co-Operative Bank Limited 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.28049 OF 2019(E) PETITIONER: KARUVANNUR SERVICE CO-OPERATIVE BANK LIMITEDKARUVANNUR.P.O, THRISSUR-680711 REPRESENTED BY ITS SECRETARY SRI.SUNIL KUMAR.T.RBY ADVS.SRI.K.S.HARIHARAN NAIRSMT.HARIMA HARIHARANRAJATH R NATH RESPONDENTS: BY ADV. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON23.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Exts.P1 and P1(a) assessment orders under the IncomeTax Act, the petitioner has preferred Exts.P2 and P2(a) appeals beforethe 2[nd] respondent. Along with the appeals the petitioner had alsopreferred stay petitions, which came to be disposed by Exts.P3 and P3(a)orders directing the petitioner to pay 20% of the demand confirmedagainst him by the assessment orders as a condition for grant of stay ofrecovery of the balance amount pending disposal of the appeals. In theWrit Petition, the petitioner impugns the said stay orders, inter alia, byplacing reliance on Ext.P4 judgment of this Court, where this Courtgranted a complete stay against recovery pending disposal of the appealsby the first appellate authority. Taking cue from the said judgment, thisWrit Petition is disposed by directing the 2[nd] respondent to consider andpass orders on Exts.P2 and P2(a) appeals within an outer time limit of sixmonths from the date of receipt of a copy of this judgment, after hearingthe petitioner. Recovery steps for recovery of amounts confirmedagainst the petitioner by Exts.P1 and P1(a) assessment orders shall bekept in abeyance till such time as orders are passed by the 2[nd]respondent as directed above and communicated to the petitioner. Thepetitioner shall produce a copy of the writ petition together with a copyof this judgment, before the 2[nd] respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE APPENDIX PETITIONER'S/S EXHIBITS: //TRUE COPY// P.A TO JUDGE