Wp(C)/29614/2019 Of Vilappiil Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA, 1941 WP(C).No.29614 OF 2019(B) PETITIONER: VILAPPIIL SERVICE CO-OPERATIVE BANK LTD.NO. 2522,HEAD OFFICE, PEYYAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY S. RICHARDSON, S/O. S. STEPHENSON, AGED 54 YEARS, RESIDING AT TRIPTHI, MALAYAM P.O, THIRUVANANTHAPURAM DISTRICT BY ADVS.SRI.BABU S. NAIRSMT.SMITHA BABU RESPONDENTS: 1THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN 695 003 2THE INCOME TAX OFFICER,WARD 2(4), OFFICE OF THE JOINT COMMISSIONER OF INCOMETAX, RANGE 2, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM , PIN 695 003 OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON05.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 JUDGMENT Against Ext.P4 rectification order under the Income Tax Act, thepetitioner has preferred Ext.P5 appeal together with Ext.P6 stay petitionbefore the Income Tax Appellate Tribunal, Cochin Bench. It is the case of thepetitioner that even prior to considering the stay petition, recovery steps aretaken by the respondents against the petitioner for recovery of the amountsconfirmed by Ext.P4 rectification 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 also thesubmissions made across the Bar, I dispose the writ petition with the followingdirections: 1.The Appellate Tribunal to consider and pass reasonedorders on Ext.P6 stay petition within a period of two monthsfrom the date of receipt of a copy of this judgment, afterhearing the petitioner. 2. Recovery steps pursuant to Ext.P7 Demand Notice forrecovery of amounts confirmed against the petitioner byExt.P4 rectification ordershall be kept in abeyance till suchtime as orders are passed by the Appellate Tribunal asdirected above and communicated to the petitioner. 3 3. The petitioner shall produce a copy of the writ petitiontogether with a copy of this judgment, before the AppellateTribunal for further action. SJ SD/- A.K.JAYASANKARAN NAMBIARJUDGE 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE CERTIFICATE ISSUED BY THE JOINT REGISTRAR (GENERAL) THIRUVANANTHAPURAM DATED 1-11-2016 EXHIBIT P2TRUE COPY OF THE ASSESSMENT ORDER ISSUED BYTHE 2ND RESPONDENT FOR THE YEAR 2015-16 DT.20-12-2017THE 2ND RESPONDENT FOR THE YEAR 2015-16 DT.20-12-2017 EXHIBIT P3TRUE COPY OF THE APPELLATE ORDER PASSED BY THE FIRST RESPONDENT DATED , 5-3-2019THE FIRST RESPONDENT DATED , 5-3-2019 EXHIBIT P4TRUE COPY OF THE MODIFIED ORDER PASSED BY THE FIRST RESPONDENT DATED 3-9-2019THE FIRST RESPONDENT DATED 3-9-2019 EXHIBIT P5TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI, DATED 1-1-2019 (WITHOUT ANNEXURES)PETITIONER BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI, DATED 1-1-2019 (WITHOUT ANNEXURES) EXHIBIT P6TRUE COPY OF THE STAY PETITION FILED BY THEPETITIONER BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI DATED , 1-11-2019PETITIONER BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI DATED , 1-11-2019 EXHIBIT P7TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 22-10-2019.THE 2ND RESPONDENT DATED 22-10-2019.