Wp(C)/2850/2018 Of Ramapuram Service Co-Operative Bank Limited v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939 WP(C).No. 2850 of 2018 PETITIONER(S) RAMAPURAM SERVICE CO-OPERATIVE BANK LIMITED, RAMAPURAM P.O., MALAPPURAM DISTRICT.-679 321. REPRESENTED BY ITS SECRETARY. BY ADV.SRI.O.D.SIVADAS RESPONDENT(S): 1. THE COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, KOZHIKODE-673 001. 2. THE INCOME TAX OFFICER, WARD (4), TIRUR 676 001 R BY SRI.CHRISTOPHER ABRAHAM, SC INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX RESPONDENT'S EXHIBITS-NIL True copy P.A to Judge P.B.SURESH KUMAR, J. ------------------------------------------------------------------W.P.C.No.2850 of 2018 ------------------------------------------------------------------- Dated this the 12[th] day of February, 2018 J U D G M E N T Petitioner is a Co-operative Society registered underthe Kerala Co-operative Societies Act. The self assessment madeby the petitioner under the Income Tax Act (the Act) for the year2015-'16 has been revised in terms of Ext.P1 order under Section143(3) of the Act. The petitioner challenged Ext.P1 order inappeal before the first respondent. According to the petitioner,the issue raised by the petitioner in the appeal is covered in theirfavour by Ext.P3 decision of the Income Tax Appellate Tribunal,Kochi. The petitioner, therefore, seeks directions to the appellateauthority to dispose of the appeal preferred by the petitioneragainst Ext.P1 order, in the light of Ext.P3 decision of the IncomeTax Appellate Tribunal, Kochi. 2.Heard the learned counsel for the petitioner asalso the learned Standing Counsel for the respondents. WPC.2850/2018 3.It is seen that the petitioner has preferred Ext.P4application for stay in Ext.P2 appeal preferred against Ext.P1order. In the circumstances, the writ petition is disposed ofdirecting the appellate authority to take a decision on Ext.P4application for stay preferred by the petitioner in Ext.P2 appeal,having regard to Ext.P3 decision of the Income Tax AppellateTribunal. Needless to say that till orders are passed on the staypetition as directed above, further proceedings for realization ofthe amounts covered by Ext.P1 order shall be deferred. Sd/- (P.B.SURESH KUMAR, JUDGE) True copy P.A to Judge DG