Wp(C)/28347/2019 Of Kuttikad Farmers Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941 WP(C).No.28347 OF 2019(P) PETITIONER: KUTTIKAD FARMERS SERVICE CO-OPERATIVE BANK LTD.,KUTTIKKAD P.O., THRISSUR, PIN - 680721, REPRESENTED BY ITS AUTHORISED SIGNATORY SMT.LISSY K.G.. BY ADVS.SRI.K.S.HARIHARAN NAIRSMT.HARIMA HARIHARANRAJATH R.NATH RESPONDENTS: 1INCOME TAX OFFICER,WARD 2(2), AAYAKAR BHAVAN, SAKTHAN THAMPURAM NAGAR, THRISSUR, PIN- 680001. 2 THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR, PIN - 680 001. BY ADV.SRI.JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON24.10.2019, 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 Ext.P3 and P3(a) stay petitions, which came to be disposed byExts.P4 and P4(a) orders directing the petitioner to pay 20% of thedemand confirmed against him by the assessment orders as a conditionfor grant of stay of recovery of the balance amount pending disposal ofthe appeals. In the Writ Petition, the petitioner impugns the said stayorders, inter alia, by placing reliance on Ext.P5 judgment of this Court,where this Court granted a complete stay against recovery pendingdisposal of the appeals by the first appellate authority. Taking cue fromthe said judgment, this Writ Petition is disposed by directing the 2[nd]respondent to consider and pass orders on Exts.P2 and P2(a) appealswithin an outer time limit of six months from the date of receipt of a copyof this judgment, after hearing the petitioner. Recovery steps forrecovery of amounts confirmed against the petitioner by Exts.P1 andP1(a) assessment orders shall be kept in abeyance till such time asorders are passed by the 2[nd] respondent as directed above andcommunicated to the petitioner. The petitioner shall produce a copy ofthe writ petition together with a copy of this judgment, before the 2[nd]respondent, for further action. Sd/- mns A.K.JAYASANKARAN NAMBIAR JUDGE PETITIONERS EXHIBITS APPENDIX EXHIBIT P1COPY OF ASSESSMENT ORDER DATED 07/12/2018 ISSUED BYTHE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2011-12.THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2011-12.EXHIBIT P1 ACOPY OF ASSESSMENT ORDER DATED 07/12/2018 ISSUED BYTHE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2016-17.THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2016-17. EXHIBIT P2COPY OF APPEAL MEMORANDUM DATED 17/01/2019 AGAINST EXT.P1.EXT.P1. EXHIBIT P2 ACOPY OF APPEAL MEMORANDUM DATED 17/01/2019 AGAINST EXT.P1(A).EXT.P1(A). EXHIBIT P3COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20/02/2019.BEFORE THE 2ND RESPONDENT DATED 20/02/2019.EXHIBIT P3 ACOPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20/02/2019.BEFORE THE 2ND RESPONDENT DATED 20/02/2019.EXHIBIT P4COPY OF STAY ORDER ISSUED BY THE 2ND RESPONDENT FORTHE ASSESSMENT YEAR 2011-12 DATED 26/09/2019.THE ASSESSMENT YEAR 2011-12 DATED 26/09/2019. EXHIBIT P4 ACOPY OF STAY ORDER ISSUED BY THE 2ND RESPONDENT FORTHE ASSESSMENT YEAR 2016-17 DATED 26/09/2019.THE ASSESSMENT YEAR 2016-17 DATED 26/09/2019. EXHIBIT P5COPY OF JUDGMENT OF DIVISION BENCH OF THIS HON'BLE HIGH COURT IN WA NO.1536 OF 2019 PASSED ON 01/07/2019.HIGH COURT IN WA NO.1536 OF 2019 PASSED ON 01/07/2019. EXHIBIT P6COPY OF THE JUDGMENT ISSUED BY SINGLE JUDGE BENCH IN WP(C) 21375/2019 DATED 09/08/2019.IN WP(C) 21375/2019 DATED 09/08/2019. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE