Wp(C)/30341/2013 Of The Cherpalcheri Co-Operative Urban Bank Ltd v. The Additional Commissioner Of Income Tax, Palakkad Range

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 10TH DAY OF DECEMBER 2013/19TH AGRAHAYANA, 1935 WP(C).No. 30341 of 2013 (P) ---------------------------- PETITIONER -------------------------- THE CHERPALCHERI CO-OPERATIVE URBAN BANK LTD. NO.1696 CHERPALCHERI, PALAKKAD-679503 REPRESENTED BY ITS GENERAL MANAGER, SHRI. M. SRAJU. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SMT.BOBY M.SEKHAR SMT.DIVYA RAVINDRAN RESPONDENT(S): ---------------------------- 1. THE ADDITIONAL COMMISSIONER OF INCOME TAX, PALAKKAD RANGE PALAKKAD-678014. PALAKKAD-678014. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-V, 7TH FLOOR, KERA BHAVAN, S.R.V. H.S. ROAD COCHIN-682011. COCHIN-682011. R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30341 of 2013 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1. TRUE COPY OF THE ASSESSMENT ORDER DATED 26-3-2013 ALONG WITH DEMAND NOTICE PASSED BY THE 1ST RESPONDENT.EXT.P2. TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 19-4-2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.EXT.P2(a). TRUE COPY OF STAY PETITION DATED 19-4-2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.EXT.P3. TRUE COPY OF THE NOTICE NO. ACIT/PLKD. CIR-1/RECOVEY/2013-14/111 DATED 26-7-2013 ISSUED BY THE ASSISTANT COMMISSIONER OFINCOME TAX, CIRCLE-1, PALAKKAD. RESPONDENT(S)' EXHIBITS ---------------------------------------NILTRUE COPY P.A TO JUDGE SMM V.CHITAMBARESH,J. = = = = = = = = = = = W.P.(C)No.30341 of 2013 = = = = = = = = = = = == = = = = Dated this the 10[th] day of December, 2013 J U D G M E N T The petitioner has filed Ext.P2 appeal against Ext.P1order of assessment. The appeal is accompanied by Ext.P2(a)petition for stay of recovery of the disputed tax. The petitioneris aggrieved by Ext.P3 recovery notice served on it in themeanwhile. 2. I direct the second respondent to consider Ext.P2(a)petition with notice to the petitioner within a period of twomonths. The coercive steps pursuant to Ext.P1 order ofassessment shall be put on hold in the meanwhile. 3. The petitioner shall produce a copy of the writpetition with the judgment before the second respondent forcompliance. The writ petition is disposed of. smm V.CHITAMBARESHJUDGE