Wp(C)/34151/2017 Of The Kazhakuttom 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 THURSDAY, THE 26TH DAY OF OCTOBER 2017/4TH KARTHIKA, 1939 WP(C).No. 34151 of 2017 (T) ---------------------------- PETITIONER : ----------------------- THE KAZHAKUTTOM SERVICE CO-OPERATIVE BANK LTD NO.1457, REPRESENTED BY ITS SECRETARY, KAZHAKUTTOM P.O, THIRUVANANTHAPURAM DISTRICT-695 582. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.JAIBY PAUL SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV RESPONDENT(S): --------------------------- 1. THE INCOME TAX OFFICER, WARD -2 (1), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O, THIRUVANANTHAPURAM-695 003. WARD -2 (1), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O, THIRUVANANTHAPURAM-695 003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 003. R1 & R2 BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 34151 of 2017 (T) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS -------------------------------------- EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 2.3.2015 ISSUED BY ADDL. REGISTRAR OF CO-OPERATIVE SOCIETIES (CREDIT), OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.ADDL. REGISTRAR OF CO-OPERATIVE SOCIETIES (CREDIT), OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2014-15 DATED 28.12.2016,.DATED 28.12.2016,. EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 28.12.2016.DATED 28.12.2016. EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 9.1.2017.ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 9.1.2017. EXHIBIT P5 A TRUE COPY OF THE RECTIFICATION ORDER NO.AAAAK462 6R/W-2(1)/TVM/2017 -18 DATED 6.7.2017.NO.AAAAK462 6R/W-2(1)/TVM/2017 -18 DATED 6.7.2017. EXHIBIT P6 A TRUE COPY OF THE NOTICE NO.AAAAK4626R/ITO/W-2(1)/TVM/2017-18 DATED 14.9.2017 ISSUED BY THE 1ST RESPONDENT.NO.AAAAK4626R/ITO/W-2(1)/TVM/2017-18 DATED 14.9.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE STAY PETITION DATED 10.10.2017 FILED BY THEPETITIONER IN EXT.P4 APPEAL.PETITIONER IN EXT.P4 APPEAL. RESPONDENT(S)' EXHIBITS: ----------------------------------------- NIL /TRUE COPY/ P.A.TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ................................................................... W.P.(C).No.34151 Of 2017 .....................................................................Dated this the 26[th] day of October, 2017 J U D G M E N T Against Ext.P2 assessment order under the Income Tax Act,the petitioner has preferred Ext.P4 appeal, together with Ext.P7stay petition, before the 2[nd] respondent. It is the case of thepetitioner that, even prior to considering the stay petition, recoverysteps are taken by the respondents against the petitioner forrecovery of the amounts confirmed by Ext.P2 assessment order. 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 2[nd] respondent shall consider and passorders on Ext.P7 stay petition within a period of two months from the date of receipt of a copy of thisjudgment, 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 2[nd] respondent shall consider and passorders on Ext.P7 stay petition within a period of two months from the date of receipt of a copy of thisjudgment, after hearing the petitioner. 2. Recovery steps for recovery of amountsconfirmed against petitioner by Ext.P2 assessmentorder shall be kept in abeyance till orders arepassed by the 2[nd] respondent as directed above andcommunicated to the petitioner. 3. The petitioner shall produce a copy of thisjudgement, together with a copy of the writpetition before the 2[rd] respondent for furtheraction. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns/26.10.17