Wp(C)/29225/2017 Of Ayyanthole Service Co-Operative Bank Ltd v. The Income Tax Officer, Ward 2(1)

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. 29225 of 2017 (C) ------------------------------------------ PETITIONER(S) : -------------------------- AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD. NO. 424, P.O.AYYANTHOLE, THRISSUR- 680 003, REPRESENTED BY ITS SECRETARY, MRS. SUNANTHA BAI.B.S. 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), THRISSUR- 680 001. 2.THE COMMISSIONER OF INCOME TAX (APPEALS),THRISSUR- 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 09.12.2016 FORTHE YEAR 2009-2010 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. EXHIBIT P2:TRUE COPY OF THE APPEAL MEMORANDUM FOR THE YEAR 2009-2010 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.THE YEAR 2009-2010 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3:TRUE COPY OF THE STAY PETITION FOR THE YEAR 2009-2010FILED 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 2009-2010 ISSUED BY THE FIRST RESPONDENT.THE YEAR 2009-2010 ISSUED BY THE FIRST RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE. A.K.JAYASANKARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.29225 of 2017 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31[st] day of August, 2017 JUDGMENT 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. P4 revenue recoverynotice. 2. I have heard the learned counsel for the petitioner andalso the learned Government Pleader for the respondents. 3. On a consideration of the facts and circumstances of thecase as also the submissions made across the Bar, I dispose thewrit petition with the following directions: i) The 2[nd] respondent shall consider and passorders on Ext.P3 stay petition within a period ofsix weeks from the date of receipt of a copy ofthis judgment, after hearing the petitioner. ii) Recovery steps pursuant to Ext.P4 RevenueRecovery notice for recovery of amountsconfirmed against petitioner by Ext.P1 sm/ assessment order shall be kept in abeyance tillorders are passed by the 2[nd] respondent asdirected above and communicated to thepetitioner. iii) The petitioner shall produce a copy of the writpetition along with a copy of this judgment, beforethe 2[nd] respondent, for further action. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE