Wp(C)/31065/2022 Of The Kazhakuttam Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 29 DAY OF SEPTEMBER 2022 / 7TH ASWINA, 1944 WP(C) NO. 31065 OF 2022 PETITIONER: THE KAZHAKUTTAM SERVICE CO-OPERATIVE BANK LTD. NO.1457AGED 50 YEARSREPRESENTED BY ITS SECRETARY, KAZHAKUTTAM P.O, THIRUVANANTHAPURAM DISTRICT.PIN - 695582BY ADVS.ARJUN RAGHAVANT.R.HARIKUMAR RESPONDENTS: 1THE INCOME TAX OFFICERWARD-2(1), OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM., PIN - 6950032THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN - 6950033THE REGISTRARINCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 & C2, 1ST FLOOR, KAKKANAD, COCHIN., PIN - 6820304THE TREASURY OFFICERSUB-TREASURY, KAZHAKOOTTAM, THIRUVANANTHAPURAM., PIN - 6955825THE DISTRICT TREASURY OFFICERANAKKACHERY BUILDING,STATUE, PALAYAM, THIRUVANANTHAPURAM, PIN- 6950016THE TREASURY DIRECTORDIRECTORATE OF TREASURIES, KRISHNA BUILDINGS, THYCAUD P.O, THIRUVANATHAPURAM, PIN - 6950147THE KERALA STATE CO-OPERATIVE BANKREPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, P.B NO.6515, CO-BANK TOWERS, PALAYAM, THIRUVANATHAPURAM, PIN - 695033BY ADVS.JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALATHOMAS ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T The petitioner aggrieved by Ext.P1 order of assessment preferred Ext.P3 first appeal which has been rejectedby Ext.P2 order. The petitioner has preferred a further appealbefore the Income Tax Appellate Tribunal (3[rd] respondent herein)along with an application for stay. The appeal is produced as Ext.P3 and the stay petition is produced as Ext. P4. The learnedcounsel for the petitioner apprehends recovery pendingconsideration of the stay petition by the Tribunal.Having heard the learned Standing Counsel andhaving regard to the facts and circumstances of the case, the WritPetition is disposed of. All steps for recovery of amounts dueunder Ext.P1 as confirmed by Ext.P2 shall remain stayed untilorders are passed on Ext.P4 by the 3[rd] respondent, Income TaxAppellate Tribunal. Sd/- GOPINATH P. JUDGE APPENDIX OF WP(C) 31065/2022