Wp(C)/28375/2015 Of Paravur Service Co-Op.bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).NO. 28375 OF 2015 (V) ---------------------------- PETITIONER(S): --------------- PARAVUR SERVICE CO-OP.BANK LTD.NO.1801, REPRESENTED BY ITS SECRETARY, PARAVUR.P.O KOLLAM DISTRICT-691301 BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): -------------- 1. THE INCOME TAX OFFICER, WARD-2, OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, KOLLAM RANGE, NEAR KARBALA JUNCTION R.S.ROAD,KOLLAM DISTRICT-691001 2. THE COMMISSIONER OF INCOME TAX (APPEALS)THIRUVANANTHAPURAM-695 003 BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: A TRUE COPY OF THE CERTIFICATE DATED 07.01.2015, ISSUED BY THEJOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. EXT.P2: A TRUE COPY OF THE RELEVANT PAGES OF THE BYELAWS OF THEPETITIONER SOCIETY EXT.P3: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-2013DATED 31.03.2015 EXT.P4: A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED31.03.2015 EXT.P5:A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONERBEFORE THE 2ND RESPONDENT ALONG WITH COVERING LETTER DATED 04.04.2015 EXT.P6: A TRUE COPY OF THE STAY PETITION DATED 01.06.2015 FILED BY THEPETITIONER IN EXT.P5 APPEAL EXT.P7: A TRUE COPY OF THE NOTICE NO.AAAAP1047R/W2/KLM/2015-16 DATED24.08.2015 ISSUED BY THE 1ST RESPONDENT EXT.P8: A TRUE COPY OF THE INTERIM ORDER DATED 30.09.2014 INI.A.NO.2364/2014 IN ITA NO.188/2014 EXT.P9: A TRUE COPY OF THE JUDGMENT DATED 30.03.2015 IN WP(C) NO.10360OF 2015 RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P A TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.28375 of 2015 .............................................................Dated this the 18[th] day of September, 2015 J U D G M E N T Against Ext.P3 assessment order under the Income Tax Act, thepetitioner has preferred Ext.P5 appeal and Ext.P6 stay petitionbefore the 2[nd] respondent. It is the case of the petitioner that evenprior to considering the stay petition, recovery steps are sought to bepursued for recovery of the amounts confirmed by Ext.P3 assessmentorder. 2. I have heard the learned counsel for the petitioner and alsothe learned Standing counsel for the respondents. 3. On a consideration of the facts and circumstances of the caseas also the submissions made across the Bar, I dispose the writpetition with the following directions: i. The 2[nd] respondent shall consider and passorders on Ext.P6 stay petition within a period oftwo months from the date of receipt of a copy ofthis judgment, after hearing the petitioner. mns ii. Coercive steps for recovery of amountsconfirmed against petitioner by Ext.P3assessment order shall be kept in abeyance tillorders are passed by the 2[nd] respondent asdirected above and communicated to thepetitioner. iii. The order to be passed by the 2[nd] respondentshall be a reasoned one adverting to thecontentions of the petitioner regarding existenceof a prima facie case for a stay of recoverypending disposal of the appeal. (iv) The petitioner shall produce a copy of the writpetition along with a copy of this judgment beforethe 2[nd] respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE