Wp(C)/36624/2022 Of Kundayam Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 16 DAY OF NOVEMBER 2022 / 25TH KARTHIKA, 1944 WP(C) NO. 36624 OF 2022 PETITIONER: KUNDAYAM SERVICE CO-OPERATIVE BANK LTD. NO.3259, AGED 56 YEARSREPRESENTED BY ITS SECRETARY, KUNDAYAM P.O, PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695 BY ADVS.ARJUN RAGHAVANT.R.HARIKUMAR RESPONDENTS: 1THE INCOME TAX OFFICER, WARD-4, OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, KOLLAM RANGE, AAYAKAR BHAVAN, NEAR KARBALA JUNCTION, KOLLAM, PIN - 6910012THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE, NORTH BLOCK, DELHI. , PIN - 1100013THE REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 & C2, 1ST FLOOR, KAKKANAD, COCHIN, PIN - 6820304THE KERALA STATE CO-OPERATIVE BANKREPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, P.B NO.6515, CO-BANK TOWERS, PALAYAM, THIRUVANATHAPURAM., PIN - 695033BY ADVS.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENTTHOMAS ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON16.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T The petitioner suffered an order of penalty under Section 271-B of the IncomeTax Act, 1961. The petitioner preferred an appeal before the First AppellateAuthority who confirmed the penalty by Ext.P2 order dated 08-09-2022. Thepetitioner has now preferred Ext.P3 appeal before the 3[rd] respondent Tribunal alongwith Ext.P4 application for stay. The petitioner apprehends that pendingconsideration of the stay petition by the 3[rd] respondent Tribunal, proceedings mayinitiated to recover the amounts due from the petitioner. 2.Heard the learned Standing Counsel also.3.Having regard to the facts and circumstances of the case, this writpetition will stand disposed of directing the 3[rd] respondent Tribunal to consider andpass orders on Ext.P4 stay petition filed in Ext.P3 appeal within a period of 2months from the date of receipt of a certified copy of the judgment. Till such timeorders as passed on Ext.P4, any proceedings for recovery of amounts due underExt.P1 order of penalty as confirmed in Ext.P2 shall be deferred. AMG Sd/-GOPINATH P. JUDGE APPENDIX OF WP(C) 36624/2022 PETITIONER EXHIBITS Exhibit-P1A TRUE COPY OF THE PENALTY ORDER DATED 29-03-2019 ISSUED BY THE 1ST RESPONDENTISSUED BY THE 1ST RESPONDENT Exhibit-P2A TRUE COPY OF THE ORDER DATED 08-09-2022 ISSUED BY THE 2ND RESPONDENT THE 2ND RESPONDENT Exhibit-P3A TRUE COPY OF THE APPEAL MEMORANDUM ALONG WITH AFFIDAVIT AND CHELAN DATED 05-11-2022, FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT TRIBUNAL AFFIDAVIT AND CHELAN DATED 05-11-2022, FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT TRIBUNAL Exhibit-P4A TRUE COPY OF THE STAY PETITION FILED IN EXT-P3 APPEAL, DATED 05-11-2022 APPEAL, DATED 05-11-2022 Exhibit-P5A TRUE COPY JUDGMENT DATED 08-07-2019 IN WP(C) NO.18484 OF 2019 OF THIS HON'BLE COURT NO.18484 OF 2019 OF THIS HON'BLE COURT