Wp(C)/29500/2019 Of Chempazhanthy 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 MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941WP(C).No.29500 OF 2019(J) PETITIONER: CHEMPAZHANTHY SERVICE CO-OPERATIVE BANK LTD. NO. 2350,REPRESENTED BY ITS SECRETARY , CHEMPAZHANTHY P.O. THIRUVANANTHAPURAM DISTRICT 695 587. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: 1THE INCOME TAX OFFICERWARD-2 (1) OFFICE OF THE ADDITIONAL COMMISSIONER OFINCOME TAX, AAYAKAR BHAVAN, KAWDIAR P.O. THIRUVANANTHAPURAM 695 003. 2THE COMMISSIONER OF INCOME TAX(APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM 695 003.3THE REGISTRAR,INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO. C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN 682 030. OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON04.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Ext.P3 rectified order under the Income Tax Act the petitionerhas preferred Ext.P4 appeal and Ext.P5 stay petition before the 3[rd]respondent. It is the case of the petitioner that even prior to considering thestay petition, recovery steps are taken by the respondents against thepetitioner for recovery of the amounts confirmed by Ext.P3 rectified order. 2. I have heard the learned counsel appearing for the petitioner andthe learned Government Pleader appearing for the respondents. 3. On a consideration of the facts and circumstances of the case andthe submissions made across the Bar, I direct the 3[rd] respondent to considerand pass orders on Ext.P5 stay petition within a period of two months fromthe date of receipt of a copy of this judgment, after hearing the petitioner. Itis made clear that till such time as orders are passed by the 3[rd] respondentas directed above and communicated to the petitioner, recovery of amountsconfirmed against the petitioner by Ext.P3 rectified order shall be kept inabeyance. The petitioner shall produce a copy of the writ petition togetherwith a copy of this judgment, before the 3[rd] respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE //True copy// P.S. to Judge APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2011-2012 DATED 29.11.2017. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 10.12.2018 IN ITA NO. 108/EF/TVM/CIT(A)/TVM/2017-18 OFTHE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 03.09.2019 IN ITS NO. 108/EF/TVM/CIT(A)/TVM/2017-18 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 154 OF THE INCOME TAX ACT. EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 16.10.2019 ALONG WITH AFFIDAVIT AND CHELAN. EXHIBIT P5 A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT. P4 APPEAL DATED 16.10.2019.