Wp(C)/29062/2017 Of Ambalapad Service Co-Operative Bank Ltd v. Income Tax Officer, Ward - 2(1), Thrissur

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 31ST DAY OF AUGUST 2017/9TH BHADRA, 1939 WP(C).No. 29062 of 2017 (G) ------------------------------------------- PETITIONER(S) : -------------------------- AMBALAPAD SERVICE CO-OPERATIVE BANK LTD.NO.759, XI/57, THEKKUMKARA, P.O.KUNDUKAD, THRISSUR-680 028. REPRESENTED BY ITS SECRETARY, MR.T.S.JOSEPH. BY ADVS. SRI.ANIL D. NAIR SRI.R.SREEJITH SRI.P.JINISH PAUL KUM.MEKHALA M.BENNY RESPONDENT(S) : ----------------------------- 1. INCOME TAX OFFICER, WARD - 2(1), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), THRISSUR, PIN-680 001. BY ADV. SRI.JOSE JOSEPH, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS : EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 10.12.2016 FOR THE YEAR 2014-15 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT.FOR THE YEAR 2014-15 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE APPEAL MEMORANDUM FOR THE YEAR 2014-2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.THE YEAR 2014-2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE STAY PETITION FOR THE YEAR 2014-2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE RR NOTICE DATED 14.08.2017 FOR THE YEAR 2014-2015 ISSUED BY THE FIRST RESPONDENT.THE YEAR 2014-2015 ISSUED BY THE FIRST RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE. A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.29062 Of 2017 .............................................................Dated this the 31[th] day of August, 2017 J U D G M E N T Against Ext.P1 assessment order under the Income Tax Act,the petitioner has preferred Ext.P2 appeal together with Ext.P3stay petition before the 2[nd] respondent. It is the case of thepetitioner that even prior to considering the stay petition, recoverysteps are taken by the respondents against the petitioner forrecovery of the amounts confirmed by Ext.P1 assessment order. 2. I have heard the learned counsel appearing for thepetitioner and also the learned Standing counsel appearing for therespondents. 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: 1. The 2[nd] respondent shall consider and passorders on Ext.P3 stay petition within a period of six W.P.(C).No.29062 Of 2017 weeks from the date of receipt of a copy of thisjudgment, after hearing the petitioner. 2. Recovery steps pursuant to Ext.P4 revenuerecovery notice for recovery of amounts confirmedagainst petitioner by Ext.P1 assessment ordershall be kept in abeyance till orders are passed bythe 2[nd]respondent as directed above andcommunicated to the petitioner. The petitionershall produce a copy of this judgement, togetherwith a copy of the writ petition before the 2[rd]respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns/31.08.17