Wp(C)/30779/2017 Of Amballur Service Co-Operative Bank 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 26TH DAY OF SEPTEMBER 2017/4TH ASWINA, 1939 WP(C).No. 30779 of 2017 (V) ---------------------------- PETITIONER(S): ------------------------ AMBALLUR SERVICE CO-OPERATIVE BANK LIMITED NO.503, MANNAMPETTA, THRISSUR, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.P.C.SASIDHARAN SRI.K.S.ANIL SRI.P.E.SAJAL SRI.E.ADITHYAN RESPONDENT(S): ------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, ST NAGAR, TRICHUR, 680001. 2. THE INCOME TAX OFFICER, WARD II (1), OFFICE OF THE INCOME TAX OFFICER, AYAKAR BHAVAN, ST NAGAR, TRICHUR, 680001. BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TS ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 28.5.2014. DATED 28.5.2014. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 22.8.2016. EXHIBIT P3 TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2009-2010. ASSESSMENT YEAR 2009-2010. EXHIBIT P4 TRUE COPY OF ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2013-2014. YEAR 2013-2014. EXHIBIT P5 TRUE COPY OF THE ORDER FOR THE ASSESSMENT YEAR 2014-2015. YEAR 2014-2015. EXHIBIT P6 TRUE COPY OF THE APPEAL AGAINST EXT.P3 ORDER. EXHIBIT P7 TRUE COPY OF THE APPEAL AGAINST EXT.P4 ORDER. EXHIBIT P8 TRUE COPY OF THE APPEAL AGAINST EXT.P5 ORDER. EXHIBIT P9 TRUE COPY OF THE PETITION FOR STAYING THE ASSESSMENT ORDER 2009-2010. ORDER 2009-2010. EXHIBIT P10 TRUE COPY OF THE PETITION FOR STAYING THE ASSESSMENT ORDER 2013-2014. ORDER 2013-2014. EXHIBIT P11 TRUE COPY OF THE PETITION FOR STAYING THE ASSESSMENT ORDER 2014-2015. ORDER 2014-2015. EXHIBIT P12 TRUE COPY OF THE ORDER DATED 14.8.2017. EXHIBIT P13 TRUE COPY OF THE STAY PETITION FOR THE ASSESSMENT YEAR 2009. YEAR 2009. EXHIBIT P14 TRUE COPY OF THE STAY PETITION FOR THE ASSESSMENT YEAR 2013. YEAR 2013. EXHIBIT P15 TRUE COPY OF THE STAY PETITION FOR THE ASSESSMENT YEAR 2014. YEAR 2014. RESPONDENT(S)' EXHIBITS - NIL ------------------------------------------------- /TRUE COPY/ PS TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.30779 Of 2017 ............................................................. Dated this the 26[th] day of September, 2017 J U D G M E N T Against Exts.P3 to P5 assessment orders under theIncome Tax Act, the petitioner has preferred Exts.P6 to P8 appealstogether with Exts.P13 to P15 stay petitions before the 1[st]respondent. It is the case of the petitioner that even prior toconsidering the stay petition, recovery steps are taken by therespondents against the petitioner for recovery of the amountsconfirmed by Exts.P3 to P5 assessment orders. 2. I have heard the learned counsel appearing for thepetitioner and also the learned Standing counsel appearing for therespondents. On a consideration of the facts and circumstances of the caseas also the submissions made across the Bar, I dispose the writpetition with the following directions: 1. The 1[st] respondent shall consider and passorders on Exts.P13 to P15 stay petitions within aperiod of two months from the date of receipt of acopy of this judgment, after hearing the petitioner. 2. I have heard the learned counsel appearing for thepetitioner and also the learned Standing counsel appearing for therespondents. On a consideration of the facts and circumstances of the caseas also the submissions made across the Bar, I dispose the writpetition with the following directions: 1. The 1[st] respondent shall consider and passorders on Exts.P13 to P15 stay petitions within aperiod of two months from the date of receipt of acopy of this judgment, after hearing the petitioner. 2. Recovery steps for recovery of amountsconfirmed against petitioner by Exts.P3 to P5assessment orders including further proceedingspursuant to Ext.P12 notice issued by the 2[nd]respondent shall be kept in abeyance till orders arepassed by the 1[st] respondent as directed above andcommunicated to the petitioner. The petitionershall produce a copy of this judgement, togetherwith a copy of the writ petition before the 1[st]respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE