Wp(C)/35535/2015 Of The Kidangoor Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax (Appeals), Kottayam

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 WP(C).No. 35535 of 2015 (N) --------------------------------------- PETITIONER(S): ---------------------- THE KIDANGOOR SERVICE CO-OPERATIVE BANK LTD., NO.3431, KIDANGOOR P.O., KIDANGOOR, KOTTAYAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOTTAYAM. 686 001. BHAVAN, KOTTAYAM. 686 001. 2. THE INCOME TAX OFFICER, WARD 5, KOTTAYAM - 686 001. BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 35535 of 2015 (N) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: COPY OF THE CERTIFICATE DATED 19.11.2014 ISSUED BY THE JOINTREGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM.REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. EXT.P-2: COPY OF THE ASSESSMENT ORDER DATED 19.3.2015 ISSUED BY THE 2ND RESPONDENT2ND RESPONDENT EXT.P-3: COPY OF THE APPEAL DATED 20.4.2015 FILED BEFORE THE IST RESPONDENTRESPONDENT EXT.P-4: COPY OF STAY PETITION DATED 20.4.2015 FILED BEFORE THE IST RESPONDENTRESPONDENT EXT.P-5: COPY OF STAY ORDER DATED 23.8.2014 ISSUED BY THIS HON'BLE COURT IN I.A.NO.2573 OF 2014 IN ITA NO.198 OF 2014COURT IN I.A.NO.2573 OF 2014 IN ITA NO.198 OF 2014 EXT.P-6: COPY OF THE ORDER DATED 6.11.2015 ISSUED BY THE IST RESPONDENTRESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 35535 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24[th] day of November 2015 JUDGMENT Against Ext.P2 assessment order under the Income Tax Act,the petitioner had preferred Ext.P3 appeal together with Ext.P4stay petition, before the 1[st] respondent. The 1[st] respondentconsidered Ext.P4 stay petition and by Ext.P6 order, directed thepetitioner to pay 50% of the tax confirmed against him by Ext.P2order, as a condition for grant of stay of recovery of balanceamount, pending disposal of the appeal. In the writ petition,Ext.P6 order is challenged inter alia on the ground that the 1[st]respondent while passing the said order, did not exercise hisdiscretion validly. 2. I have heard the learned counsel for the petitioner and thelearned Standing counsel for the respondents. 3. On a consideration of the facts and circumstances of thecase and the submissions made across the Bar, and taking note ofthe fact that income tax appeals preferred by assessees, against thetribunal order confirming a dis-allowance of the deduction claimedunder Section 80 P of the Income Tax Act, are pending before thisCourt where this Court has granted a complete stay against therecovery of amounts pending disposal of the appeals, I quash Ext.P6 w.p.c.no.35535 of 2015 2 order and direct the 1[st] respondent to consider and pass orders onExt.P3 appeal filed by the petitioner within a period of threemonths from the date of receipt of a copy of this judgment, afterhearing the petitioner. I make it clear that till such time as ordersare passed by the 1[st] respondent as directed, and communicated tothe petitioner, recovery steps for recovery of amounts confirmedagainst the petitioner by Ext.P2 assessment order, shall be kept inabeyance. sm/ Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE