Wp(C)/36106/2017 Of The Chayam 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 10TH DAY OF NOVEMBER 2017/19TH KARTHIKA, 1939 WP(C).No. 36106 of 2017 (K) ---------------------------- PETITIONER:---------- THE CHAYAM SERVICE CO-OPERATIVE BANK LTD NO. 1514 REPRESENTED BY ITS SECRETARY, CHETTACHAL PO, THIRUVANANTHAPURAM DIST.695 551. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: -------------- 1. THE INCOME TAX OFFICER WARD-2 (3), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE 2, AAYAKAR BHAVAN, KOWDIAR PO, THIRUVANANTHAPURAM DIST.695 003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM.695 003. BY SRI.CHRISTOPHER ABRAHAM, SC SRI. K.M.V. PANDALAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON10-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36106 of 2017 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS-----------------------EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 13.9.2017 ISSUED BY THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) NEDUMANGAD.EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2013- 14 DATED 29.1.2016.EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 29.1.2016.EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 16.2.2016.EXHIBIT P5 A TRUE COPY OF THE STAY PETITION DATED 18.2.2016 FILED BY THE PETITIONER IN EXT.P4 APPEAL.EXHIBIT P6 A TRUE COPY OF THE NOTICE NO.AAAAC6909M/ITO/W-2/TVM/ 2017-18 DATED 12.10.2017 ISSUED BY THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS:NIL ----------------------- //TRUE COPY// PA TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ................................................................... W.P.(C).No.36106 Of 2017 .....................................................................Dated this the 10[th] day of November, 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.P5stay 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.P5 stay petition within a period ofthree months from the date of receipt of a copy of this judgment, 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/10.11.17