Wp(C)/2980/2020 Of Palode Co-Operative Agricultural Development Bank Ltd v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 4TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941WP(C).No.2980 OF 2020(V) PETITIONER: M/S.PALODE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD.NO.T-862, KUSAVOOR, KARIMANCODE PALODE, THIRUVANANTHAPURAM-695562. REPRESENTED BY ITS SECRETARY, SHRI.VAIJU KUMAR R. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SRI.V.P.NARAYANANSMT.DIVYA RAVINDRANSRI.R.BHASKARA KRISHNAN RESPONDENTS: 1THE ASSISTANT COMMISSIONER OF INCOME TAXCIRCLE -2 (1), AAYKAR BHAWAN, 1ST FLOOR, KAWDIAR P O, THIRUVANANTHAPURAM-695003.CIRCLE -2 (1), AAYKAR BHAWAN, 1ST FLOOR, KAWDIAR P O, THIRUVANANTHAPURAM-695003. 2THE COMMISSIONER OF INCOME TAX(APPEALS)AAYAKAR BHAWAN, KAWDIAR, THIRUVANANTHAPURAM-695003. SRI..JOSE JOSEPH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON04.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. ---------------------------------- W.P.(C) No. 2980 of 2020 ---------------------------------- Dated this the 4[th] day of February, 2020 J U D G M E N T Against Ext.P-1 order, the petitioner has filed Ext.P-2 appeal and Ext.P-2(a) stay petition. The petitioner's grievance isthat during the pendency of the stay petition, coercive recoveryproceedings have been initiated by the assessing authority forrecovery of the disputed amounts. 2.Heard Sri.V.P.Narayanan, learned counsel appearingfor the petitioner and Sri.Jose Joseph, learned Standing Counselappearing for the respondents. 3.After hearing both sides and after taking note of thefacts and circumstances of the case, it is ordered in the interest ofjustice that the 2[nd] respondent shall take up the matters inExt.P-2(a) stay application filed in Ext.P-2 appeal and afteraffording reasonable opportunity of being heard to the petitionerthrough authorised representative/counsel, if any, shall passorders without much delay, preferably within a period of six weeks W.P.(C).No. 2980 / 2020 ..3.. from the date of production of a certified copy of this judgment.Until orders are thus passed on the abovesaid stay application,further coercive steps for enforcement of the impugned order willbe kept in abeyance. With these observations and directions, the above WritPetition (Civil) stands finally disposed of. Sd/- ALEXANDER THOMAS,JUDGE MMG W.P.(C).No. 2980 / 2020 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED29.12.2019 FOR AY-2017-18 ALONG WITHDEMAND NOTICE PASSED BY THE 1STRESPONDENT. EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEALDATED 17.1.2020 FILED BY THEPETITIONER BEFORE THE 2ND RESPONDENTFOR AY 2017-18. EXHIBIT P2(A)TRUE COPY OF STAY PETITION DATED17.1.2020 FILED BY THE PETITIONER FORAY-2017-18 BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED17.01.2020 SUBMITTED BY THE PETITIONERBEFORE THE 2ND RESPONDENT FOR AY-2017-18