Wp(C)/28420/2019 Of The Elampal 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 FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941 WP(C).No.28420 OF 2019(B) PETITIONER: THE ELAMPAL SERVICE CO-OPERATIVE BANK LIMITEDNO. 604, REPRESENTED BY ITS SECRETARY, ELAMPAL P.O. PUNALUR, KOLLAM DISTRICT 691 322. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: BY ADV.SRI.CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.10.2019,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, thepetitioner has preferred Ext.P4 appeal together with Ext.P5 stay petitionbefore the 3[rd] respondent. It is the case of the petitioner that even priorto considering the stay petition, recovery steps are taken by therespondents against the petitioner for recovery of the amountsconfirmed 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 rectified mns order shall be kept in abeyance till such time asorders 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 PETITIONERS EXHIBITS APPENDIX EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 28.12.2017. A TRUE COPY OF THE ORDER DATED 17.2.2018 IN ITA NO. 206/EF/KLM/CIT(A)/TVM/2017-18 OF THE 2ND RESPONDENT. A TRUE COPY OF THE ORDER DATED 03.09.2019 IN ITA NO. 206/EF/KLM/CIT(A)/TVM/2017-18 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 154 OF THE INCOME TAX ACT. A TRUE COPY OF THE APPEAL MEMORANDUM ALONG WITH AFFIDAVIT DATED 14.10.2019 AND CHELAN FILED BEFORE THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH. A TRUE COPY OF THE STAY PETITION FIELD ALONG WITH EXT. P4 APPEAL DATED 14.10.2019. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE