Wp(C)/34419/2017 Of The Kizhuvilam 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. 34419 of 2017 (B) ---------------------------- PETITIONER(S):------------- THE KIZHUVILAM SERVICECO-OPERATIVE BANK LTD.NO.2405,REPRESENTED BY ITS SECRETARY,MUDAPURAM P.O., CHIRAYINKEEZH,THIRUVANANTHAPURAM-695304. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.JAIBY PAUL SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV RESPONDENT(S):-------------- BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT EL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34419 of 2017 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS RESPONDENT(S)' EXHIBITS ----------------------- NIL TRUE COPY EL P.S. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J.===========================================W.P.(C). No. 34419 of 2017 ===================================================== Dated this the 27[th] day of October, 2017 JUDGMENT Against Ext.P2 assessment order passed under the IncomeTax Act, the petitioner preferred Ext.P4 appeal and Ext.P5 staypetition before the 2[nd] respondent. It is the case of the petitionerthat even before the consideration of the stay petition by the 2[nd]respondent, recovery steps have been initiated for recovery of theamounts confirmed against the petitioner by Ext.P2 order. 2.I have heard the learned counsel appearing for thepetitioner as also the learned Government Pleader appearing forthe respondents. On a consideration of the facts and circumstances of the caseand the submissions made across the bar, I dispose the writpetition with a direction to the 2[nd] respondent to consider and passorders on Ext.P5 stay petition preferred by the petitioner beforehim, within a period of two months from the date of receipt of acopy of this judgment, after hearing the petitioner. Recovery stepsfor recovery of amounts confirmed against the petitioner by Ext.P2order shall be kept in abeyance till such time as the 2[nd] respondent W.P.(C). No. 34419 of 2017 passes orders as directed and communicates the same to thepetitioner. The petitioner shall produce a copy of the writ petitiontogether with a copy of this judgment before the 2[nd] respondent forfurther action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE