Wp(C)/3029/2020 Of Paravoor Vadakkekara Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 5TH DAY OF FEBRUARY 2020 / 16TH MAGHA, 1941WP(C).No.3029 OF 2020(C) PETITIONER: PARAVOOR VADAKKEKARA SERVICE CO-OPERATIVE BANK LTD.NEENDOOR, VADAKKEKKARA P.O., ERNAKULAM-683 522, REPRESENTED BY ITS SECRETARY-IN-CHARGE K.S.JAIZY. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.NISHA JOHNSRI.V.P.NARAYANANSMT.DIVYA RAVINDRANSRI.R.BHASKARA KRISHNAN RESPONDENTS: 1THE INCOME TAX OFFICER,WARD-3, ALUVA. 2THE COMMISSIONER OF INCOME TAX (APPEALS)-II,28/243, “POORNIMA”, NEAR MANORAMA JUNCTION , PANAMPILLY NAGAR, KOCHI-682 036. SRI.CHRISTOPHER ABRAHAM, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON05.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS, J. ----------------------------------- W.P.(C) No. 3029 of 2020 ------------------------------------- Dated this the 5[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 Smt.Nisha John, learned counsel appearing forthe petitioner and Sri.Christopher Abraham, learned StandingCounsel appearing 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 ..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 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDERALONG WITH DEMAND NOTICE 31.12.2019PASSED BY THE 1ST RESPONDENT FOR AY-2017-18 EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEALDATED 23.1.2020 FILED BY THEPETITIONER BEFORE THE 2ND RESPONDENTFOR AY-2017-18 EXHIBIT P2 (A)TRUE COPY OF STAY PETITION DATED23.1.2020 FILED BY THE PETITIONERBEFORE THE 2ND RESPONDENT FOR AY-2017-18 EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED23.1.2020 SUBMITTED BY THE PETITIONERBEFORE THE 2ND RESPONDENT