Wp(C)/32005/2017 Of The Nellimoodu Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 9TH DAY OF OCTOBER 2017/17TH ASWINA, 1939 WP(C).No. 32005 of 2017 (A) ---------------------------- PETITIONER(S): ------------------------ THE NELLIMOODU SERVICE CO-OPERATIVE BANK LTD. NO.2639REPRESENTED BY ITS SECRETARY, NELLIMOODU P.O.,THIRUVANANTHAPURAM DISTRICT-695 524. BY ADVS.SRI.V.G.ARUN, SRI.T.R.HARIKUMAR, SRI.JAIBY PAUL, SRI.ARJUN RAGHAVAN, SRI.ADITHYA RAJEEV. BY SRI.CHRISTOPHER ABRAHAM, SC. rs. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32005 of 2017 (A) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1: A TRUE COPY OF THE CERTIFICATE DATED 13.04.2016, ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM.ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. EXHIBIT-P2: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2011-2012 DATED 04.03.2016.YEAR 2011-2012 DATED 04.03.2016. EXHIBIT-P3: A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 04.03.2016.DATED 04.03.2016. EXHIBIT-P4: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2014-2015 DATED 29.12.2016.YEAR 2014-2015 DATED 29.12.2016. EXHIBIT-P5: A TRUE COPY OF THE DEMAND NOTICE DATED 29.12.2016 ISSUED BY THE 1ST RESPONDENT.ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P6: A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 08.04.2016.EXT.P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 08.04.2016. EXHIBIT-P7: A TRUE COPY OF THE STAY PETITION DATED 18.03.2016, FILED BY THE PETITIONER IN EXT.P6 APPEAL.FILED BY THE PETITIONER IN EXT.P6 APPEAL. EXHIBIT-P8: A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P4 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 09.01.2017.EXT-P4 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 09.01.2017. EXHIBIT-P9: A TRUE COPY OF THE STAY PETITION DATED 10.01.2017, FILED BY THE PETITIONER IN EXT-P8 APPEAL.FILED BY THE PETITIONER IN EXT-P8 APPEAL. EXHIBIT-P10: A TRUE COPY OF THE NOTICE NO.AAABN0400/ITO, W-2(2)/TVM/2017-18 DATED 25.08.2017.TVM/2017-18 DATED 25.08.2017. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs. A.K.JAYASANKARAN NAMBIAR, J.===========================================W.P.(C). No. 32005 of 2017===================================================== Dated this the 9[th] day of October, 2017 JUDGMENT Against Exts.P2 and P4 assessment orders under the IncomeTax Act, the petitioner has preferred Exts.P6 and P8 appealstogether with Exts.P7 and P9 stay petitions before the 2[nd]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 Ext.P10 demand notice. 2. I have heard the learned counsel for the petitioner andalso the learned Government Pleader for the respondents. 3. On a consideration of the facts and circumstances of thecase as also the submissions made across the Bar, I dispose thewrit petition with the following directions: i) The 2[nd] respondent shall consider and passorders on Exts.P7 and P9 stay petitions within aperiod of two months from the date of receiptof a copy of this judgment, after hearing thepetitioner. ii) Recovery steps pursuant to Ext.P10 demandnotice shall be kept in abeyance till orders arepassed by the 2[nd] respondent as directed aboveand communicated to the petitioner. iii) The petitioner shall produce a copy ofthe writ petition along with a copy of thisjudgment, before the 2[nd] respondent, forfurther action. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE