Wp(C) v. The Commissioner Of Income Tax(Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH DAY OF FEBRUARY 2013/18TH MAGHA 1934 WP(C).No. 3488 of 2013 (I) -------------------------- PETITIONER:----------- THE KASARAGOD DISTRICT CO-OPERATIVE BANK LTD PB NO.48, NAYAKS ROAD, KASARAGOD REPRESENTED BY ITS GENERAL MANAGER, ANIL KUMAR AGED 42 YEARS S/O.AIYYAPPAN PILLAI. BY ADV. SRI.JAWAHAR JOSE RESPONDENTS: ----------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS) KOZHIKODE - 673 001 KOZHIKODE - 673 001 2. THE JOINT COMMISSIONER OF INCOME TAX AAYAKAR BHAVAN, KANNOTHUMCHAL, KANNUR-670 001 AAYAKAR BHAVAN, KANNOTHUMCHAL, KANNUR-670 001 3. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-I, KANNUR RANGE, KANNUR-670 001 R1-R3 BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3488 of 2013 (I) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1 - TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR2009-2010 DATED 11-10-2011 EXHIBIT-P2 - TRUE COPY OF THE NOTIFICATION (RELEVANT PORTION) BEARINGNUMBER SO 3489 DATED 22-10-1970 EXHIBIT-P3 - TRUE COPY OF THE POLICY CERTIFICATE ISSUED BY THE LIC OFINDIA EXHIBIT-P4 - TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THEPETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT-P5 - TRUE COPY OF THE ORDER DATED 22-3-2012 ISSUED BY THE 2NDRESPONDENT EXHIBIT-P6 - TRUE COPY OF THE CHALLAN EVIDENCING THE PAYMENT OF RS.30LAKHS EXHIBIT-P7 - TRUE COPY OF THE ORDER DATED 21-12-2012 ISSUED BY THE 2NDRESPONDENT RESPONDENTS' EXHIBITS: NIL //TRUE COPY// Scl. PA TO JUDGE ANTONY DOMINIC, J. ----------------------------- W.P.(C) No. 3488 of 2013 ----------------------------- Dated this the 7[th] day of February, 2013 JUDGMENT Petitioner is an assessee under the Income Tax Act.Ext.P1 is the order of assessment passed against the petitionerfor the assessment year 2009-2010 and the total liability dueis Rs.1,16,00,000/-. Challenging this assessment order, thepetitioner has filed Ext.P4 appeal, which is pendingconsideration of the first respondent. In the meanwhile, therecovery was stayed by Ext.P5 order of the second respondenttill 30.9.2012, on condition that the petitioner pays Rs.30lakhs. Counsel for the petitioner submits that this order hasbeen complied with. However, further extension sought by thepetitioner was rejected by Ext.P7 order. It is in thesecircumstances, this writ petition is filed seeking to stay therecovery proceedings pending disposal of the appeal. 2.I heard the counsel for the petitioner and also the learned standing counsel appearing for the respondents. Ext.P4is a statutory appeal and therefore I direct the first respondentto consider the same and pass orders thereon, as expeditiouslyas possible. In the meantime, take note of the fact that thepetitioner has already paid Rs.30 lakhs in pursuant to Ext. P5, Idirect that the recovery of balance amount due from thepetitioner under Ext.P1 will stand stayed. Sd/- ANTONY DOMINIC, JUDGE. Scl.