Wp(C)/28797/2019 Of The Pathanapuram Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941 WP(C).No.28797 OF 2019(Y) PETITIONER: THE PATHANAPURAM SERVICE CO-OPERATIVE BANK LTD. NO. 3656REPRESENTED BY ITS SECRETARY, PATHANAPURAM.P.O,KOLLAM DISTRICT, PIN-689695. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: SMT. THUSHARA JAMES; GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 JUDGMENT Against Ext.P3 rectified order for the assessment year 2015-2016under the Income Tax Act. The petitioner has preferred Ext.P4 appealtogether with Ext.P5 stay petition before the 3[rd] respondent. It is the case ofthe petitioner that even prior to considering the stay petition, recovery stepsare taken by the respondents against the petitioner for recovery of theamounts confirmed by Ext.P3 rectified order. 2. I have heard the learned counsel appearing for the petitioner andalso the learned Government Pleader appearing for the respondents. On a consideration of the facts and circumstances of the case as alsothe submissions made across the Bar, I dispose the writ petition with thefollowing directions: 1. The 3[rd] respondent shall consider and pass reasoned orderson Ext.P5 stay petition within a period of two month from thedate of receipt of a copy of this judgment, after hearing thepetitioner. 2. Recovery steps for recovery of amounts confirmed againstthe petitioner by Ext.P3 rectified order shall be kept inabeyance till such time as orders are passed by the 3[rd]respondent as directed above and communicated to thepetitioner. 3 3. The petitioner shall produce a copy of the writ petitiontogether with a copy of this judgment, before the 3[rd]respondent, for further action. SJ Sd/- A.K.JAYASANKARAN NAMBIARJUDGE 4 PETITIONER'S/S EXHIBITS: APPENDIX EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2015-2016 DATED 15.12.2017. EXHIBIT P2A TRUE COPY OF THE ORDER DATED 10.12.2018 IN ITA NO.210/EF/KLM/CIT(A)/TVM/2017-18, OFTHE 2ND RESPONDENT EXHIBIT P3TRUE COPY OF THE ORDER DATED 03.09.2019 IN ITA NO.210/EF/KLM/CIT(A)/TVM/2017-18 ISSUEDBY THE 2ND RESPONDENT UNDER SECTION 154 OF THE INCOME TAX ACT. EXHIBIT P4A TRUE COPY OF THE APPEAL MEMORANDUM DATED 09.10.2019,ALONG WITH AFFIDAVIT AND CHELAN,FILED BEFORE THE INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH. EXHIBIT P5A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT.P4 APPEAL DATED 09.10.2019.