Wp(C)/30933/2019 Of The Vamanapuram Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941WP(C).No.30933 OF 2019(N) PETITIONER: THE VAMANAPURAM SERVICE CO-OPERATIVE BANK LTD.NO.927,REPRESENTED BY ITS SECRETARY, VAMANAPURAM P.O.THIRUVANANTHAPURAM DISTRICT-695 606. BY ADVS.SRI.ARJUN RAGHAVANSRI.ADITHYA RAJEEV RESPONDENTS: 1THE INCOME TAX OFFICERWARD -2(3), OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR P.O.THIRUVANANTHAPURAM, PIN-695 003.WARD -2(3), OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR P.O.THIRUVANANTHAPURAM, PIN-695 003.2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN,KOWDIAR, THIRUVANANTHAPURAM, PIN-695 003.AAYAKAR BHAVAN,KOWDIAR, THIRUVANANTHAPURAM, PIN-695 003.3THE REGISTRAR,INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYABHAVAN, BLOCK NO C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN-682 030.INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYABHAVAN, BLOCK NO C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN-682 030. SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON16.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 16th day of November 2019 The petitioner, Primary Agricultural Credit Society, is anassessee under the Income Tax Act filed 2[nd] appeal challenging anorder passed by the 2[nd] respondent before the 3[rd] respondent Tribunal.The petitioner is also moved Ext.P5 stay application before theTribunal. The petitioner approached this Court apprehending recoveryproceedings based on the impugned order in the appeal. Having considered the facts and circumstances, there shall be adirection to the Tribunal to dispose the stay application within aperiod of two months after hearing the petitioner. Till then, recoveryproceedings pursuant to the impugned order in the appeal shall bedeferred. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2011-2012 DATED 24.11.2016 EXHIBIT P2A TRUE COPY OF THE ORDER DATED 12.7.2018 INITA NO 106/EF/TVM/CIT(A)TVM/2017-18 OF THE 2ND RESPONDENT EXHIBIT P3A TRUE COPY OF THE ORDER DATED 15.10.2019 IN ITA NO 106/EF/TVM/CIT(A)/TVM/2017-18 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 154 OF THE INCOME TAX ACT. EXHIBIT P4A TRUE COPY OF THE APPEAL MEMORANDUM DATED 30.10.2019 ALONG WITH AFFIDAVIT AND CHELAN EXHIBIT P5A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT P4 APPEAL DATED 30.10.2019RESPONDENTS' EXHIBITS:- NIL SAS/16/11/2019 //TRUE COPY// P.A. TO JUDGE