Wp(C)/34286/2017 Of The Njeezhoor 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 FRIDAY, THE 27TH DAY OF OCTOBER 2017/5TH KARTHIKA, 1939 WP(C).No. 34286 of 2017 (I) --------------------------- PETITIONER:----------- THE NJEEZHOOR SERVICE CO-OPERATIVEBANK LTD.NO.136, THIRUVAMPADY.P.O., NJEEZHOOR, KOTTAYAM, REPRESENTED BY ITS SECRETARY, MRS.AMBIKA DEVI. BY ADV. SRI.RAMESH CHERIAN JOHN OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), APPENDIX mbr/ A.K.JAYASANKARAN NAMBIAR, J. ------------------------------- W.P.(C).NO.34286 OF 2017 (I)----------------------------------- Dated this the 27[th] day of October, 2017 J U D G M E N T Against Ext.P2 assessment order under the Income Tax Act, thepetitioner has preferred Ext.P3 appeal together with Ext.P4 staypetition before the 2[nd] respondent. It is the case of the petitioner thateven prior to considering the stay petition, recovery steps are takenby the respondents against the petitioner for recovery of the amountsconfirmed by Ext.P2 assessment order. 2. I have heard the learned counsel appearing for the petitionerand also the learned Government Pleader appearing for therespondents. On a consideration of the facts and circumstances of the case asalso the submissions made across the Bar, I dispose the writ petitionwith the following directions: 1. The 2[nd] respondent shall consider and pass orderson Ext.P4 stay petition within a period of two months from the date of receipt of a copy of this judgment,after hearing the petitioner. 2. Recovery steps for recovery of amounts confirmedagainst the petitioner by Ext.P2 assessment ordershall be kept in abeyance till such time as orders arepassed by the 2[nd] respondent as directed above andcommunicated to the petitioner. 3. The petitioner shall produce a copy of the writpetition together with a copy of this judgment, beforethe 2[nd] respondent, for further action. A.K.JAYASANKARAN NAMBIAR JUDGE